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PC RES 2019-017 P.C. RESOLUTION NO. 2019-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES AMENDING CONDITION NOS. 23, 52, AND 59 OF P.C. RESOLUTION NO. 2018-04 THEREBY APPROVING A VARIANCE TO ALLOW THE INSTALLED 12.5' TALL LIGHT STANDARDS TO REMAIN ON THE PROPERTY AT 28300 S. WESTERN AVENUE (PLVA2OI9-0001). WHEREAS, on January 23, 2019, the Planning Commission adopted P.C. Resolution No. 2018-04, approving a Conditional Use Permit, Variance, Grading Permit, Site Plan Review, and Master Sign Program to demolish the existing restaurant building (former Coco's restaurant) and construct a new 4,131ft2 Chase Bank building with 1,563yd3 of associated grading, renovate the existing parking lot with new landscaping, lighting, and signs, allow a legal non-conforming lot coverage of 77%, and install roof- mounted equipment above 16' in height; and, WHEREAS, on October 11, 2018, building permits for the development were issued and the project was ready for final inspection in June 2019; and, WHEREAS, on June 13, 2019, Planning Staff conducted a final inspection and found that the light standards located on the site exceed the 10' maximum height allowed by the Code and the Conditions of Approval of P.C. Resolution No. 2018-04. The installed light standards consist of 10' tall poles on 2.5' tall concrete bases, resulting in an overall height of 12.5'; and, WHEREAS, on June 17, 2019, the Applicant submitted a Variance application, requesting to amend the Commission-adopted Condition Nos. 23, 52, and 59 of P.C. Resolution No. 2018-04 to allow the 12.5' tall light standards to remain in place; and, WHEREAS, on June 17, 2019, the application was deemed complete for processing; and, WHEREAS, on June 20, 2019, a public notice announcing the July 9, 2019 public hearing was published in the Palos Verdes Peninsula News and mailed to all persons owning property within a 500' radius of the subject site; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, 14 C.C.R. I§ 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), there is no evidence that the approval of the variance application would have a significant effect on the environment and, therefore, the proposed project has been found to be Categorically Exempt (Section 15303(c)); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly-noticed public hearing on July 9, 2019, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Variance to allow light standards to exceed 10' in height up to 12.5' in height on the property at 28300 S. Western Avenue is warranted because: A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. The subject property is a commercially-zoned property that was recently redeveloped with a Chase Bank building with ancillary site improvements, including new light standards. The 12.5' tall light standards provide additional illumination adjacent to the building near the ATM that is minimally lit, in addition to providing the minimum recommended illumination for parking lot safety. Due to the relatively large and open parking lot configuration, if the poles were reduced in height, it is likely that additional light standards would be required, which would result in the unsightly proliferation of light standards. The Applicant raised the light standard height from 10' to 12.5' to meet California Title 24 site lighting requirements, which limit their total allowable wattage for site lighting. At a lower height of 10', the Applicant would be required to install additional light standards spaced an average of 20' apart rather than the 32' average separation, which would not comply with Title 24 requirement due to the additional light standards that would be needed. The slightly taller light standards provide a larger spread of light, and therefore require fewer light standards to illuminate the same area, which provides a balance between adequate illumination of the site and the unsightly proliferation of light standards, in addition to meeting Title 24 requirements. The proposed 12.5' tall light standards are substantially shorter than the light standards that was existing on the subject property prior to renovation. B. The Variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant, which right is possessed by other property owners under like conditions in the same zoning district. The majority of the commercial properties along Western Avenue have light standards that are substantially taller than the Code allowed maximum height of 10', albeit installed prior to the City's incorporation. Westmont Plaza that immediately abuts the subject property contains light standards that are nearly double in height with significantly larger light sources. Same taller and brighter lights also existed on the subject site prior to renovation. The taller light standards allow the relatively large and open parking lot to be adequately illuminated without the need of additional light standards at a P.C. Resolution No. 2019-17 Page 2 of 24 shorter height. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. Specifically, except for the proposed variance for the additional 2.5' in height, all other aspects of the installed lighting for the project comply with the City's Non- Residential Outdoor Light Ordinance, which protects the semi-rural character of the City. The photometric plan for the project shows that the illumination level at all property lines does not exceed 0.01 foot candles with no spillage of light over adjacent properties or the public right-of-ways. The housing for the pole lights is a dark bronze color that matches the wall mounted lights and blends with the earth tones of the Chase Bank building. The light source of the light standards facing other properties are shielded by a "house side shield"within the drop lens housing. All lighting, other than that required for safety or per the California Financial Code, be extinguished at 10:00 p.m. and meets City standards. Additionally, the concrete base for the light poles installed at each parking stall adjacent to the building mitigates the concern of the potential for vehicles to damage the light poles and/or the building. Light poles on concrete bases are typical of existing light standards on commercial properties in the City. D. Granting the variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan. The General Plan land use designation for the subject property is Commercial Retail and the light standards are related to the primary use of a financial institution, which is a permitted use under that designation. The light standards have been designed to incorporate adequate provisions into the commercial site design "...to reduce negative impacts on adjoining residential areas" (Land Use Policy No. 13). These provisions include regulating the brightness and color temperature of the lighting, and requiring that the light source is shielded to prevent light trespass onto other properties. The additional 2.5' in height for the light fixtures is difficult to discern and is lower in height than existing light standards installed within the remaining portion of the Westmont Plaza, and so would have a negligible impact on adjoining residential areas. Section 2: The following findings, as determined by P.C. Resolution No. 2018-04, remain applicable. Section 3: That the proposed project is a request for a Conditional Use Permit, Variance, Major Grading Permit, Site Plan Review and Master Sign Program to allow for the following improvements: • Demolition of an existing 5,501ft2 vacant restaurant building (former Coco's restaurant); P.C. Resolution No. 2019-17 Page 3 of 24 • Construction of a new 4,131ft2 Chase Bank building; • Grading consisting of 1,438yd3 of cut and 125yd3 of fill (1,563yd3 total), with a net export of 1,310yd3; • Construction of the following retaining walls: o One 7.5' tall downslope combination wall (4' retaining with a 3.5' tall guardrail) proposed at the east side of the structure; o Retaining walls up to 4' in height along the entry path at the west side of the structure; • Construction of freestanding garden walls; • Refurbish the parking lot and walkways with new striping, landscaping, directional signs and 12.5' tall light standards, measured from the existing grade level directly adjacent to the concrete base to the top of the light standard; • Installation of the following signs: o Three (3) 57.6ft2 internally illuminated channel letter wall signs located on the north, west and south elevations of the new Chase Bank structure which will include the text "Chase" and the Chase logo; o One 3.86ft2 "Chase Private Client" brushed aluminum wall sign on the south facade, o One 8.3ft2 sign with the "Chase" text and logo above the exterior ATM; o Blue LED backlighting for exterior ATM; o Reface the existing monument sign with the "Chase" text and logo; o Various directional and ADA signage; • Construction of a 9.83' tall, 80ft2 trash enclosure with trellis roof; • Installation of bicycle racks with three 3.8' tall and 20.3ft2 bicycle lockers; • Installation of a 48ft2 electrical transformer pad; • Increasing the maximum allowable lot coverage of 50% to 77% (Variance); • Installation of one roof-mounted air conditioning condenser unit and two heat pump units (mechanical equipment); • Installation of landscaping per the approved landscape plan. The height of the proposed building will be 19.86' tall, as measured from the highest existing grade covered by the structure (elev. 197.15') to the highest roof ridgeline (217.01'), and 24.85' tall, as measured from the lowest finished grade adjacent to the structure (elev. 192.16')to the highest roof ridgeline (elev. 217.01'). Section 4: The Conditional Use Permit Revision allows for the demolition of the existing 5,501ft2 vacant restaurant building (former Coco's restaurant) to accommodate the construction of a new 4,131ft2 Chase Bank building and the refurbishment of the existing parking lot with new landscaping and lighting. The Planning Commission finds that the approval of a Conditional Use Permit (CUP) Revision is warranted because: P.C. Resolution No. 2019-17 Page 4 of 24 A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. The proposed bank building is located on a 40,000ft2 (0.92 acre) parcel that is developed with a vacant restaurant building that will be demolished to accommodate a new, smaller building. The proposed use is allowed "by-right" in the CG zoning district and the proposed 4,131ft2 building complies with the development standards, except for lot coverage for which the Applicant proposes a Variance, and can adequately be accommodated on the lot. In terms of parking, the Development Code requires "1 [parking] space for every employee plus 1 space for every 250 square feet of gross floor area" for a financial institution. A total of 17 parking spaces are required for the 4,131ft2 of gross floor area, plus 9 parking spaces for the proposed 9 employees. As such, a total of 26 parking spaces is required by the Development Code. The Applicant proposed a total of 48 parking spaces that are designed to meet the minimum parking stall dimensions of 9' width x 20' length. There is a blanket ingress/egress easement on the property which requires access be maintained across the property from the common driveways, which the proposed project will maintain. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the use. More specifically, the proposed Chase Bank building site is designed to maintain vehicular access via driveways off Western Avenue and Westmont Drive. A traffic memo prepared by the Applicant's traffic engineer and reviewed and accepted by the City's Public Works Department indicates that the proposed bank will generate fewer trips (50.11 trips) per peak PM (4:00 P.M-6:00 P.M.) hour than the previous restaurant (54.19 trips). C. In approving the use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. The proposed project has been reviewed by the City in terms of potential impacts to adjacent properties, and Conditions of Approval are included in order to minimize the possibility of any adverse impacts on adjacent property, as discussed below. a. Traffic and Circulation The City's Public Works Department has reviewed and accepted the trip generation calculations from the Applicant indicating that the proposed bank use will generate fewer vehicle trips than the previous restaurant use. The proposed Chase Bank will be accessed via two existing driveways off Western Avenue and Westmont Drive, thus not requiring any additional curb cuts from these rights-of-way. In terms of on-site circulation, the parking lot is designed per the Development Code's minimum aisle width dimensions (12') to allow vehicles to maneuver without impeding on other vehicles, and P.C. Resolution No. 2019-17 Page 5 of 24 way-finding signs and pavement markings will be installed to properly direct vehicle movement. b. Loading Space Requirement Section 17.50 of the Development Code requires that one off-street loading space shall be provided and maintained for all institutional and commercial uses other than office buildings. As the bank use is similar, in terms of deliveries, to an office building use, no loading space will be required. c. Aesthetics The proposed 4,150ft2 Chase Bank building will be 1,370ft2 smaller than the existing 5,501ft2 vacant restaurant building and will be oriented in an east- west direction, resulting in a shorter frontage along Western Avenue than the existing restaurant building, which is oriented in a north-south direction. The colors for the proposed structure will be aesthetically compatible with the similarly-colored adjacent commercial structures and adjacent land uses. In order to accommodate the proposed construction, several existing eucalyptus trees will be removed and replaced with new trees, bushes and groundcover that will seamlessly blend with the several existing trees that will remain on site. Lastly, the roof-mounted equipment will be screened from neighboring views by the proposed 6.75' tall roof parapets. d. Building Height Although the new bank building exceeds the 16' maximum allowed by the Development Code for commercial structures, it will not significantly adversely affect visual relationships with neighboring properties because it will be set lower on the property, thus minimizing the impacts of the proposed structure. The proposed structure will not significantly adversely affect views from the viewing areas of neighboring properties because although the residential properties located across Western Avenue are at a higher elevation, they are either not located at a sufficiently high elevation to enjoy a view, or the topography limits the extent of any potential view, in that the residences may only see views of property within City limits or foliage on properties located outside of City limits. e. Signage The Applicant proposes a Master Sign Program for the property as discussed in the "Master Sign Program" section below. P.C. Resolution No. 2019-17 Page 6 of 24 f. Lighting All proposed lighting for the project complies with City's Non-Residential Outdoor Light Ordinance per Section 17.56.040 of the Development Code and Conditions of Approval have been added below to minimize the possibility of any adverse impacts on adjacent property. g. Geology and Soils The project includes 1,563yd3 of grading and the Applicant's geotechnical report has been reviewed and approved by the City's geotechnical consultant. Additionally, the proposed project is not within any liquefaction zones nor over any known faults per the California Geological Survey map titled "Earthquake Zones of Required Investigation-Torrance Quadrangle", and so will not result in an adverse impact on adjacent properties. h. Hydrology and Water Quality The Applicant submitted drainage and water quality plans to the City for review by John L. Hunter &Associates, who is the City's National Pollutant Discharge Elimination System (NPDES) consultant. The project proposes certain water quality improvements, including but not limited to a storm drain infiltration trench, which will be approved prior to issuance of any building and/or grading permits. i. Noise The proposed structure includes some roof-mounted mechanical equipment, including ventilation, heating and cooling units. A Condition of Approval has been added which requires that noise generated by the roof- mounted equipment will not exceed 65dBA at the closest property line. Additionally, as the structure will be used Monday through Friday, from 8:00a.m. to 7:00p.m., and Saturday from 8:00a.m. to 5:00p.m., (one hour before and after public operating hours) the mechanical equipment will not be operating so noise will be minimized outside of these hours. The single exterior ATM is proposed to be used on a 24-hour basis, which is similar to the adjacent Wells Fargo Bank, with minimal noise impacts to adjacent properties. Additionally, in regards to short-term construction noise, several conditions regarding hours and days of construction and proper maintenance of construction equipment have been included in the attached Resolution to minimize such impacts to adjacent properties. P.C. Resolution No. 2019-17 Page 7of24 j. Population and Housing The City's affordable housing requirements apply to new commercial projects involving the creation of more than thirty (30) new full- or part-time jobs; or more than 10,000ft2 square feet of new commercial space. The proposed project includes only 4,151ft2 of new commercial space. Based upon the Applicant's statement, the project is not expected to result in more than nine (9) employees and therefore the project is exempt from the City's non-residential inclusionary housing requirements. D. The proposed use is not contrary to the General Plan. More specifically, the use of the property for a financial institution is consistent with the Commercial General land use designation for the site, as the proposed project will be designed to "...limit the exposure of parking and exterior service areas from the view of adjoining sites and circulation routes..." (Commercial Activity Policy No. 5) by landscaping the perimeter of all parking areas with trees and shrubs. Furthermore, the proposed project will incorporate adequate provisions into the commercial site design "...to reduce negative impacts on adjoining residential areas" (Commercial Activity Policy No. 6). These provisions include but are not limited to orienting the building in an east-west direction to reduce the frontage length of the building parallel with the residential area across the street, landscaping the periphery of the reconfigured commercial structure area, and installing low-lumen light fixtures that reduce excessive glare and help preserve the semi-rural nature of the City. Section 5: The Commission finds approval of a Variance is warranted because: E. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. The subject property is an existing commercially developed property with an associated parking lot that has remained in continuous use since the restaurant was constructed in 1976. The Development Code limits the maximum allowable lot coverage in the CG zoning district to 50%. The existing lot coverage is 36,454ft2, which is 91.1% of the existing 40,000ft2 lot, and is considered to be legal, non-conforming, and cannot be further intensified. Since the existing structure is being demolished and a CUP is being sought to allow the proposed building, pursuant to Section 17.84 of the Development Code, all non-conforming improvements are required to be brought to conformity with the current Code requirements. A variance is required for relief from the lot coverage requirement because although the overall lot coverage for the property will decrease substantially as a result of the project, it will still be 30,871ft2, or 77% of the existing lot area. Also, the property is subject to a "Declaration of Restrictions and Grant of Easements," which was recorded in 1975 when the entire shopping center P.C. Resolution No. 2019-17 Page 8 of 24 complex was originally developed at this site encompassing the adjacent two properties. This document details the easements, covenants, restrictions, liens and charges that apply to all properties within the overall shopping center complex. These include non-exclusive easements for the "...ingress and egress and for the passage and parking of motor vehicles into, out of, on, over and across all parking areas, driveways and service areas." Although the City does not enforce CC&Rs on private properties, these private restrictions limit the ability to provide increased open space without creating a direct conflict to the agreement. Granting the variance to allow lot coverage greater than 50% minimizes any potential conflicts with the Declaration related to vehicle circulation and parking shared by the overall shopping center complex. This Declaration also requires that the property owner maintain the existing parking for the use of the entire shopping center complex, further minimizing the opportunity to increase open space on the property. F. The variance is necessary for the preservation and enjoyment of a substantial property right of the Applicants, which right is possessed by other property owners under like conditions in the same zoning district. The majority of the commercially- developed properties which are located along Western Avenue do not meet the required 50% lot coverage, as required by the CG zoning district because they were either constructed prior to City's incorporation, or if constructed after the City incorporated, were subject to a different definition of lot coverage, i.e., only building footprints, similar to the subject property. G. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. The reduction of lot coverage of 91.1% to 77% will not be detrimental to the public welfare or injurious to property and improvements in the immediate area because it will not significantly affect nor depart from the appearance of other CG-zoned properties in the neighborhood. The proposed project will improve the existing property with a comprehensive landscape plan, and unobtrusive lighting which meets City's Non-residential Outdoor Light Ordinance per Section 17.56.040 of the Development Code. H. Granting the variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan. Specifically, the General Plan land use designation for the subject property is Commercial Retail and the use of the property for financial institutions is consistent with the Commercial General land use designation for the site. Specifically, the proposed project will be designed to "...limit the exposure of parking and exterior service areas from the view of adjoining sites and circulation routes..." (Commercial Activity Policy No. 5). Furthermore, the proposed project will incorporate adequate provisions into the commercial site design "...to reduce negative impacts on adjoining residential areas." (Commercial Activity Policy No. 6) These provisions include, but are not limited to, orienting the building in an east-west direction to P.C. Resolution No. 2019-17 Page 9 of 24 reduce the frontage length of the building parallel with the residential area across the street, landscaping the periphery of the reconfigured commercial structure area, and installing low-lumen light fixtures that reduce excessive glare and help preserve the semi-rural nature of the City. Section 6: The Planning Commission finds approval of a Major Grading Permit is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. More specifically, proposed grading allows a taller structure to be located on the site, while minimizing the height of the maximum ridgeline. The subject lot is a pad lot with small slopes at the north and west side of the existing structure. The Applicant proposes 1,348yd3 of cut, with the deepest areas of cut (5' max) located under the proposed structure, and the shallower areas (3.9' max) under the reconfigured parking area south of the new structure. No grading is proposed in the existing parking area that will be restriped to comply with the current codes regarding non-residential parking. Two smaller areas of fill are proposed consisting of one area of 115yd3 of fill bordered by a 7.5' tall combination wall (4' retaining with a 3.5' guardrail) that is proposed at the east side of the new structure as it will be located over an existing planter and parking area which is currently at a lower elevation. Another area consists of 10yd3 of fill (0.18' max) that is proposed at the south edge of the new parking area. The proposed grading will create a lower building pad for the new building and will integrate the new structure with the existing streetscape. B. The proposed grading and/or related construction do not significantly adversely affect the visual relationships with, or the views from the viewing area of neighboring properties. More specifically, the new bank building will measure 19.86' in height from the highest existing grade covered by the structure to the highest roof ridgeline, and 24.85' in height from the point where the foundation meets the lowest finished grade (elev. 192.16') to the highest roof ridgeline. Although the structure exceeds the 16' maximum allowed by the Development Code for commercial structures, it will not significantly adversely affect visual relationships with neighboring properties because it will be set lower on the property, thus minimizing the impacts of the proposed structure. Additionally, the structure will incorporate a variety of architectural materials and colors that will coordinate with the existing structures in the adjoining shopping center complex. In any event, the new bank building will be set lower on the property than the existing structure, thus helping to minimize any potential view impacts. The proposed structure will not significantly adversely affect views from the viewing areas of neighboring properties because although the residential properties located across Western Avenue are at a higher elevation, they are either not located at a sufficiently high elevation to enjoy a view, or the topography limits the P.C. Resolution No. 2019-17 Page 10 of 24 extent of any potential view, in that the residences may only see views of property within City limits or foliage on properties located outside of City limits. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, there are no natural contours on the site, as the existing slopes at the north and west sides of the property were created as a result of the original development of the property in the 1970s. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography, as the proposed cut and fill for the new structure is located within an area which was disturbed when the property was originally graded and the existing building constructed in the early 1970s. Therefore, there are no natural topographic features to preserve on the property. E. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because there is no natural landscape or wildlife habitat in the proposed grading area. F. RPVDC §17.76.040(E)(9) contains several standards for major grading permits. The proposed grading meets standards (a) no grading on existing slopes over 35%, (c) 5' maximum cut, and (d) no grading on existing slopes over 50%. (Finding (f) is not applicable). Standards (b) maximum finished slopes limited to 35%, and (e) retaining walls limited to one 8'-tall upslope wall and one 3W-tall downslope wall, are not met. Therefore, an additional finding is required to deviate from the grading standards. The Planning Commission grants a grading permit in excess of standards (b) and (e) as the first eight criteria of the grading findings have been met, and the approval is consistent with the purposes set forth in RPVDC §17.76.040(A). The grading allows the placement of a new bank building on the property, which results in a structure with a lower ridgeline, as compared to the same structure being placed on the existing building pad. The finished slopes up to 50% (2:1) are limited to small areas west of the proposed structure and parking lot and allow for a transition between the graded and ungraded areas. The finished slopes will be landscaped to preserve the natural scenic character of the area. The 7.5' tall downslope combination wall (4' retaining with a 3.5' tall guardrail) at the east side of the structure will provide a transition between the building pad and the existing driveway for the shopping center complex. The upslope wall measuring up to 4.2' in height along Western Avenue will support the required ADA accessible entry path from the street. The grading is limited to the area of the proposed structure, a portion of the street-adjacent slopes, and the new parking lot, and so will not affect the natural scenic character of the area and will preserve the reasonable P.C. Resolution No. 2019-17 Page 11 of 24 economic use of the property. Additionally, the proposed new slopes which exceed 35%, the 7.5' tall downslope combination wall (4' retaining with a 3.5' tall guardrail), and the 4.2' tall retaining walls adjacent to the walkway between Western Avenue and the new structure will not constitute a grant of special privileges inconsistent with limitations upon other properties in the vicinity because similar improvements exist on neighboring parcels within the adjacent shopping center complex, due to the grade changes between different areas of the existing parking lot. Furthermore, allowing the proposed small areas of new slopes which exceed 35%, the 7.5' tall downslope combination wall at the east side of the new structure, and the 4.2' tall retaining walls adjacent to the walkway between Western Avenue and the new structure will not be detrimental to public safety or to other properties because the proposed project will obtain the proper review and approvals from the City's drainage consultant. Additionally, the proposed retaining walls and grading will be properly engineered, the City Geologist and Building & Safety Division review and approval will be required prior to permit issuance, and a series of inspections will be required throughout the construction process to ensure compliance with the City-approved plans. Section 7: The Planning Commission finds approval of a Site Plan Review to allow roof-mounted mechanical equipment over 16' in height is warranted because: A. The proposed 4.5' tall mechanical equipment, consisting of one air conditioning condenser unit and two heat pump units, is designed to comply with all applicable building codes and regulations pursuant to the Uniform Building Code. The City's Building Official indicated that the proposed air conditioning and heating units are typical for commercial establishments and that they are appropriate in size to perform the necessary ventilation, heating, and cooling functions for the interior of the building. B. The proposed 4.5' tall heating and air conditioning units on the roof will not cause significant view impairment to any adjacent properties as they will be screened within and not exceed the height of the 6.75' tall parapet wall around the perimeter of the roof, and views from adjacent properties will be maintained laterally over the proposed mechanical equipment. Therefore, the proposed roof-mounted mechanical equipment will not significantly impair views from adjacent properties and this finding can be made. Section 8: The Planning Commission finds approval of a Master Sign Program is warranted because the proposed signage complies with Development Code Section 17.76.050, i.e., the proposed signs are appropriate identification devices that are harmonious with the proposed building, the neighborhood, and other signs in the area. Specifically, the size and shape of the Chase Bank signs are typical for each branch and P.C. Resolution No. 2019-17 Page 12 of 24 complement the roof and wall colors of the structure. Additionally, the proposed signs are necessary for the Applicant's enjoyment of substantial trade and do not constitute a needless proliferation as only one main wall sign is proposed for each street frontage, as well as for the south façade, which faces the parking lot and is the main entrance for the structure. The other signage is proposed only as needed for directional purposes and for legally required ADA parking spaces and so will not constitute a detriment to public health, safety and welfare. Furthermore, the proposed signs will not obscure from viewing or unduly detract from existing adjacent signs as they are located a minimum of 50' away from any other structure in the adjacent shopping center. Also, although the one of the internally-illuminated wall signs is across the street from a residential neighborhood, this sign is similar in style and character to other existing signs within the adjacent shopping center. Section 9: This Resolution and the Conditions of Approval incorporated herein supersede and replace P.C. Resolution 2018-04 and the Conditions of Approval incorporated therein. Section 10: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) and 17.72.100(B) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15)days following July 9, 2019, the date of the Planning Commission's final action. Section 11: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure §1094.6 and Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code. Section 12: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2019- 17 , subject to the Conditions of Approval contained in Exhibit"A", which are incorporated herein by reference. P.C. Resolution No. 2019-17 Page 13 of 24 PASSED, APPROVED, AND ADOPTED this 9th day of July 2019, by the following vote: AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, PERESTAM, AND VICE CHAIRMAN LEON NOES: NONE ABSTENTIONS: NONE ABSENT: COMMISSIONER SAADATNEJADI AND CHAIRMAN BRADLEY A4,___, /,,, , Gordon Leon drital1111111 Vice Chairman Ara n 1 rani. , AICP Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2019-17 Page 14 of 24 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT, VARIANCE, MAJOR GRADING PERMIT, SITE PLAN REVIEW, AND MASTER SIGN PROGRAM 28300 S. WESTERN AVENUE (PLANNING CASE NO. PLVA2019-0001) GENERAL CONDITIONS 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. The applicant shall be required to pay the estimated amount of the cost of services to be provided on behalf of the City by outside consultants that have been retained by the City to render services specifically in connection with this project, in the form of a trust deposit account, prior to commencement of such services (e.g. golf safety consultant, geotechnical consultants, biologist, and landscape architect to name a few.). Services provided by the City Attorney and other consultants that routinely provide services to the City shall be exempt from this condition. However, in such cases, the applicant shall adequately fund the trust deposit accounts prior to the commencement of services, in amounts reasonably requested by the City, based upon an estimate of the cost of services for the period of at least 90 days to which services are rendered. In addition, the trust deposits shall be replenished within thirty days of receipt of notice from the City that additional funds are needed. P.C. Resolution No. 2019-17 Page 15 of 24 4. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the Applicant shall obtain an encroachment permit from the Director of Public Works. 5. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 6. One year (annual review) after the issuance of the Certificate of Occupancy for the bank building, the Planning Commission shall review the Conditions of Approval contained herein at a duly noticed public hearing. As part of said review, the Planning Commission shall assess the Applicant's compliance with the conditions of approval and the adequacy of the conditions imposed. At that time, the Planning Commission may add, delete or modify any conditions of approval as evidence presented at the hearing demonstrates are necessary and appropriate to address impacts resulting from operation of the project. Notice of said review hearing shall be published and provided to owners of property within a 500' radius of the site, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance the RPVMC. As part of the annual review, the Planning Commission shall consider, among other things, the parking conditions, circulation patterns (pedestrian, bicycle, and vehicular), lighting, landscaping, signage, and noise. The Planning Commission may require such subsequent additional annual reviews, as the Planning Commission deems appropriate. This provision shall not be construed as a limitation on the City's ability to enforce any provision of the RPVMC regarding this project. The Applicant shall pay for all costs associated with annual reviews. 7. Pursuant to Section 17.78.040, the Director of Community Development is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification. 8. The project development on the site shall conform to the specific standards contained in these Conditions of Approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 9. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code or administrative P.C. Resolution No. 2019-17 Page 16 of 24 citations as described in Section 1.16 of the City's Municipal Code. 10. If the Applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 11. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 12. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 13. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non-conforming structures on the property, unless the approval of such illegal or legal non-conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 14. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 15. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 16. Permitted hours and days for construction activity are 7:00 a.m. to 6:00 p.m., Monday through Friday, 9:00 a.m. to 5:00 p.m. on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 a.m. Monday P.C. Resolution No. 2019-17 Page 17 of 24 through Friday and before 9:00 a.m. on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 17. If construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days, the Applicant shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the Development Code. Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 18. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 19. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, haul routes to transport soil shall be approved by the Public Works Department. 20. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, authorization for any work within the public right-of-way of Western Avenue shall be obtained from the Public Works Department of the City of Rancho Palos Verdes and Caltrans, if applicable. 21. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, authorization for any work within the public right-of-way of Westmont Drive shall be obtained from the City of Los Angeles. 22. The silhouette frame shall be removed within seven (7) days after all appeal periods have been exhausted. PROJECT SPECIFIC CONDITIONS 23. This approval allows for the proposed improvements: • Demolition of an existing 5,501ft2 vacant restaurant building (former Coco's restaurant); • Construction of a new 4,131ft2 Chase Bank building; • Grading consisting of 1,438yd3 of cut and 125yd3 of fill (1,563yd3 total), with a net export of 1,310yd3; • Construction of the following retaining walls: o One 7.5' tall downslope combination wall (4' retaining with a 3.5' tall guardrail) proposed at the east side of the structure; P.C. Resolution No. 2019-17 Page 18 of 24 o Retaining walls up to 4' in height along the entry path at the west side of the structure; • Construction of freestanding garden walls; • Refurbish the parking lot and walkways with new striping, landscaping, directional signs and 12.5' tall light standards, measured from the existing grade level directly adjacent to the concrete base to the top of the light standard; • Construction of a 9.83' tall, 80ft2 trash enclosure with trellis roof; • Installation of bicycle racks with three 3.8' tall and 20.3ft2 bicycle lockers; • Installation of a 48ft2 electrical transformer pad; • Increasing the maximum allowable lot coverage of 50% to 77% (Variance); • Installation of landscaping per the approved landscape plan. AMENDED PER P.C. RESOLUTION NO. 2019-17 ON JULY 9, 2019. 24. The height of the proposed building shall be 19.86' tall, as measured from the highest existing grade covered by the structure (elev. 197.15') to the highest roof ridgeline (217.01'), and 24.85' tall, as measured from the lowest finished grade adjacent to the structure (elev. 192.16') to the highest roof ridgeline (elev. 217.01'). BUILDING HEIGHT CERTIFICATION IS REQUIRED TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO ROOF SHEATHING INSPECTION. 25. Unless modified by the approval of future planning applications, the approved bank building, trash enclosure and ancillary structures shall maintain the following setbacks: • Front (north) setback: 20' • Street side (west) setback: 20' • Sides abutting non-residential property: 10' BUILDING SETBACK CERTIFICATION REQUIRED FOR THE BANK BUILDING, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO FOUNDATION FORMS INSPECTION. 26. Unless modified by the approval of future planning applications, the approved project shall be permitted up to 77% lot coverage, as defined by RPVDC Section 17.02.040(A)(5). Any future increases to the lot coverage shall require a Variance subject to consideration by the Planning Commission. 27. All colors and materials for the structure and roof shall be as shown in the color elevations approved by the Planning Commission on January 23, 2018. The flat roof portion of the building shall be painted a color that matches the roof parapet P.C. Resolution No. 2019-17 Page 19 of 24 as deemed acceptable by the Director of Community Development. 28. The 4.5' tall roof-mounted equipment shall be screened from neighboring views by the proposed 6.75' tall roof parapets. Parking Conditions 29. The Applicant shall provide a minimum of 26 parking spaces per RPVDC Section 17.50. A total of 48 parking spaces are approved, consisting of 41 regular spaces with dimensions of 9' width x 20' length, and 7 compact spaces, with dimensions of 8' width by 15' length. 30. No more than 20% of the approved parking spaces shall be designated as compact spaces. 31. All compact spaces shall be clearly marked to the satisfaction of the Director of Community Development. 32. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, the Applicant shall submit for review and approval a drainage plan that complies with the National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges. 33. Prior to the installation of the bicycle lockers, a color sample for the locker exterior shall be reviewed and approved by the Director of Community Development. Landscape Conditions 34. PRIOR TO FINAL BUILDING INSPECTION, the property shall be landscaped per the landscape plans approved by the Planning Commission on January 23, 2018. 35. Except for the existing monument sign, no structures or site improvements in excess of thirty-inches (30") in height shall be permitted within the intersection visibility triangle of Western Avenue and Westmont Drive. 36. All new landscaping in the following areas identified on the plans shall be maintained at 12" in height and any tree branches shall be maintained at least 6' above ground: a. The triangular area identified on the plans, formed by the point beginning at the northeast corner of the driveway accessed from Westmont Drive, extending 50' to the east and south, P.C. Resolution No. 2019-17 Page 20 of 24 b. The triangular area identified on the plans, formed by the point beginning at the northwest corner of the driveway accessed from Westmont Drive, extending 50' to the west and south, c. The triangular area identified on the plans, formed by the point beginning at the northwest corner of the driveway accessed from Western Avenue, extending 50' to the east and north, 37. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, revised plans shall be submitted relocating approximately 46' length of the 32" tall garden wall to accommodate a 10' wide landscape buffer between the refurbished parking lot and Westmont Drive. 38. Landscaping for the project shall be designed, implemented and maintained to comply with the City's Water Efficient Landscape Ordinance (WELO). 39. Prior to approval of the landscape plan, the Applicant shall demonstrate to the satisfaction of the Director of Community Development, compliance with the City's Low Impact Development Ordinance (LID). Construction Conditions 40. All construction vehicles onsite shall minimize idling time by requiring that equipment be shut down after 5 minutes when not in use (as required by the State airborne toxics control measure [Title 13, Section 2485 of the California Code of Regulations]). Clear signage that lists this requirement shall be posted that posts this requirement for workers at the entrances to the site and provide a plan for the enforcement of this requirement. 41. No modifications shall be allowed to the existing storm drain system except to connect the new drain pipes. The Applicant shall implement measures to protect the existing storm drain lines, and fix and/or replaced them as needed if any damage occurs during construction, to the satisfaction of the Building Official. Sign Program Conditions 42. Signage shall be limited to the following signs: • Three (3) 57.6ft2 internally illuminated channel letter wall signs located on the north, west and south elevations of the new Chase Bank structure which will include the text "Chase" and the Chase logo; • One 3.86ft2 "Chase Private Client" brushed aluminum wall sign on the south facade, • One 8.3ft2 sign with the "Chase" text and logo above the exterior ATM; • Blue LED backlighting for exterior ATM; P.C. Resolution No. 2019-17 Page 21 of 24 • Reface the existing monument sign with the "Chase" text and logo; • Various directional and ADA signage; • Additional minor window signage and temporary signs shall be allowed in accordance with the provisions of the City's Development Code. 43. All signage lighting, other than for the ATMs, shall be extinguished by 10:00 PM daily. 44. If the existing legal, non-conforming monument sign is removed, the replacement monument sign shall comply with current codes. 45. The installation of "Bank Parking Only" or similar signage restricting parking to bank customers only shall be prohibited on the property. 46. PRIOR TO FINAL BUILDING INSPECTION, the Applicant shall install signs in the parking lot that include language allowing "Westmont Plaza" parking adjacent to the Chase Bank, as deemed acceptable by the Director of Community Development. 47. If specific design guidelines, standards, and/or restrictions are not described in the approved Master Sign Program, the standards described in Section 17.76.050 of the Development Code for signs shall apply. Noise Conditions 48. Unless safety provisions require otherwise, the construction contractor shall adjust all audible back-up alarms to the lowest volume appropriate for safety purposes (i.e. still maintaining adequate signal-to-noise ratio for alarm effectiveness). 49. The project shall utilize construction equipment equipped with standard noise insulating features during construction to reduce source noise levels. 50. All project construction equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts is generated. 51. Noise generated by the roof-mounted equipment shall not exceed 65dBA at the closest property line. Site Lighting Conditions 52. All lighting shall comply with the specifications and details provided on the Photometric plans approved by the Planning Commission on January 23, 2018 and with City's Non-Residential Outdoor Light Ordinance per Section 17.56.040 of P.C. Resolution No. 2019-17 Page 22 of 24 the Development Code. The one exception to this condition being the height of the pole-mounted light standards, which may remain at 12.5' in height measured from the existing grade level directly adjacent to the concrete base to the top of the light standard. AMENDED PER P.C. RESOLUTION NO. 2019-17 ON JULY 9, 2019. 53. All onsite lighting, other than that required for safety or per the California Financial Code (see Condition No. 54 below), shall be extinguished by 10:00 p.m. daily. 54. The exterior and interior ATMs shall minimally lit as required by the California Financial Code, which requires that there be a minimum of 10 candlefoot power at the face of the ATM and extending in an unobstructed direction outward 5', and a minimum of two candlefoot power within 50' in all unobstructed directions from the face of the ATM. 55. There shall be a trial period of thirty (30) days from the installation of all the project exterior lighting, including building and parking lot lighting, during which the lighting shall be assessed for potential impacts to the surrounding properties. At the end of the thirty (30) day period, the Director of Community Development may require additional screening or reduction in the intensity or numbers of lights which are determined to be excessively bright or otherwise create adverse impacts. Furthermore, said lighting shall be reviewed as part of the annual review described in Condition No. 6. 56. No one fixture or luminaire shall exceed 1,600 lumens. 57. The color temperature for all exterior wall and pole mounted lights (excluding the ATM backlighting) shall not exceed 4,000K. 58. The illumination level at all property lines shall not exceed 0.01 foot candles. 59. The wall-mounted lighting underneath the ATM awning, the lights above the electrical room and employee entrances on the east façade, and the 12.5' tall light standards, measured from the existing grade level directly adjacent to the concrete base to the top of the light standard, shall be Lithonia Lighting "D-Series" luminaires, each with a house side shield for the standards adjacent to the property lines, a diffused drop lens, and dark bronze housing. AMENDED PER P.C. RESOLUTION NO. 2019-17 ON JULY 9, 2019. 60. No blue lights shall be allowed except for the backlighting of the ATMs and an accent light in the soffit of the interior of the building. P.C. Resolution No. 2019-17 Page 23 of 24 61. Prior to submittal to Building and Safety Plan Check, the Applicant shall redesign the parking lot's landscape planter along the Western Avenue driveway to create an integrated parking lot to the satisfaction of the Director of Community Development. P.C. Resolution No. 2019-17 Page 24 of 24