CC SR 20190806 F - Chase Fee Waiver
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/06/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to waive a variance fee for Chase Bank due to an
administrative error
RECOMMENDED COUNCIL ACTION:
(1) Approve a fee waiver, via minute order, thereby waiving the $4,209 variance fee
for Chase Bank due to an administrative error
FISCAL IMPACT: In order to consider the fee waiver request, the applicant submitted
a check in the amount of $4,209. In accordance with Section 17.78.010(A) of the
Rancho Palos Verdes Municipal Code (RPVMC), the City is holding this check until a
determination is made on the request. If approved, the City will return the check to the
applicant, but if denied, the City will deposit the check the day after the City Council
meeting.
Amount Budgeted: n/a
Additional Appropriation: n/a
Account Number(s): 101-300-0000-3215
[Planning and Zoning Permits]
ORIGINATED BY: Amy Seeraty, Senior Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. RPVMC Section 17.56.040(B)(4) (page A-1)
B. P.C. Resolution No. 2019-17 (page B-1)
C. P.C. Resolution No. 2018-04 (page C-1)
D. RPVMC Section 17.78.010 (page D-1)
BACKGROUND AND DISCUSSION:
On January 23, 2018, 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 a vacant former Coco‘s restaurant building on the
southeast corner of Western Avenue and Westmont Drive to accommodate the
construction of a 4,131-square-foot Chase Bank building. Among other site
improvements was the installation of new, code-compliant outdoor lighting.
The Commission-approved project description and electrical plans included notations
referencing 10-foot-tall pole lights and parking lot lights mounted on 10-foot-tall poles.
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This was memorialized in Condition Nos. 23, 52 and 59 of P.C. Resolution No. 2018-04
(Attachment C) which limit the maximum height of the parking lot lighting to 10 feet, as
required pursuant to Section 17.56.040(B)(4) of the RPVMC (Attachment A).
On June 13, 2019, Staff conducted a final inspection of the project and found that the
installed light standards exceed the 10 feet maximum height limit. Specifically, the
installed light standards consist of 10-foot-tall light poles on 2.5-foot-tall concrete bases,
resulting in an overall height of 12.5 feet. In response, Staff reviewed the City-approved
plans and discovered that there was a notation in the electrical plans stating that the
light standards have a “10’-0” mounting height” consistent with the Commission-adopted
conditions of approval. The plans also indicated, albeit a detail on a separate sheet of
the plans, that the light standards would be affixed to a 2.5-foot-tall base. This
discrepancy was not identified by Planning Staff prior to issuing permits or by the
Building Inspector during construction. Moreover, the applicant indicated that it
understood the Commission-adopted conditions to mean the light standard did not
include the base, and that it was not clear on where the 10-foot height was measured
from. Due to the combination of misunderstandings and discrepancies, to address this
matter, the applicant was provided with the following options:
1) Remove and replace the 31 light standards with shorter, 10-foot-tall light
standards; or
2) Apply for a variance to allow the 12.5-foot-tall light standards to remain in
place.
The applicant opted to apply for a variance application and submitted a check in the
amount of $4,209 for the required variance application fee. On July 9, 2019, the
Planning Commission, after considering the information presented that evening,
including public testimony, adopted P.C. Resolution No. 2019-17 (Attachment B),
conditionally approving a request to amend Condition Nos. 23, 52, and 59 of P.C.
Resolution No. 2018-04 (Attachment C), thereby approving a variance to allow the
installed 12.5-foot-tall light standards to remain. The Commission’s approval was based
on the need for an adequate number of light standards that would safely illuminat e the
parking lot and meet California Financial Code lighting requirements, while also
complying with Title 24 site lighting energy requirements.
The applicant is requesting a waiver of the variance fee in accordance with Section
17.78.010(C) of RPVMC (Attachment D) because it believes there was an
administrative error that resulted in a need for the Commission -approved variance to
allow the light standards to remain at the taller height of 12.5 feet, as shown on the
Building and Safety-approved plans. Pursuant to Section 17.78.010(C) of the RPVMC,
the City Council, at its discretion, can grant a fee waiver in cases where a variance is
granted due to administrative error. Staff believes after considering all the information
presented, that there was an administrative error that warrants the variance fee waiver.
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ALTERNATIVES:
In addition to the Staff recommendations, the following alternatives are available for the
Council’s consideration:
1. Deny the requested fee waiver
2. Approve a modified fee waiver request, thereby waiving a portion of the Variance
fees
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17.56.040 - Outdoor lighting for nonresidential uses.
A. In order to protect the semi-rural character of the city and reduce excessive glare, light trespass, or
over-lighting, no outdoor lighting shall be installed in any nonresidential district, including city parks
and city facilities, except in accordance with the provisions of this section.
B. Prior to installation of any new lighting, a lighting plan shall be reviewed and approved by the
director. Said lighting plan shall include a photometric plan identifying the areas designed and
intended for lighting, and indicating the maximum illumination levels of less than a 0.01 foot candles
at all property lines. Additionally, the lighting plan shall provide lighting descriptions, including
manufacturers catalog specifications, for all proposed light fixtures, lamps and poles. The lighting
plan shall be prepared by a lighting contractor, and shall include the location, height, number of lights
on the entire property, lumens of each light bulb, and shall be in conformance with the following
standards and criteria:
1. Fixture Orientation. No outdoor lighting shall be permitted where the light source is directed
toward or results in direct illumination of a parcel of property or properties, other than that upon
which such light source is physically located. Accent lighting of buildings, trees or other
landscape features may be permitted, provided the lighting only accentuates those individual
features, and not an entire structure or landscaped area. Said accent lighting shall be directed
onto the building façade or tree, with no spillover beyond the façade of the building or tree, and
all lighting fixtures shall be fully shielded and mounted as close as possible to the architectural
feature of the building or tree being illuminated.
2. Illumination Limits. No one fixture or luminaire shall exceed 1,600 lumens. Accent lighting
described in subsection (B)(1) above shall not exceed 800 lumens.
3. Correlated Color Temperature (CCT). All outdoor lighting shall be of a low color temperature,
commonly referred to as neutral or warm color temperature. The maximum CCT for each
luminaire shall not exceed 4,000 Kelvin (K). Outdoor lights that exceed 4,000 K., commonly
referred to as cool color temperatures, are strictly prohibited.
4. Fixture Height. No outdoor lighting shall be permitted where the light source or fixture, if located
on a building, is above the line of the eaves. If the light source or fixture is located on a building
with no eaves, or if located on a standard or pole, the light source or fixture shall not be more
than ten feet above existing grade, adjacent to the building or pole.
5. Light Trespass. The maximum illumination level at any property line shall be less than a 0.01
foot candle, as measured at grade. Light trespass that results in glare to neighboring properties
or public/private streets is prohibited unless the director determines that there is no other
alternative to provide security lighting required by the California Building Code, or approves the
use of alarm or motion-activated security lighting. For the purposes of this section, "glare"
means stray, unshielded light striking the eye that results in discomfort glare, such as bright light
causing squinting of the eyes; and/or disabling glare, such as bright light that reduces the ability
to drive or see into shadows in certain instances where the glare from a light fixture will create
an impact to neighboring properties or public/private streets, the applicant shall be required to
comply with these standards to the fullest extent possible. All estimates or testing shall be done
with the entire facility illuminated.
6. Fixture Types. All light fixtures, including pole-mounted and wall-mounted light fixtures, shall be
fully shielded so that the light bulb is not visible from the adjacent neighbors or streets. Said
light fixtures shall be "cut-off" where lenses, refractors or lamp sources do not extend below the
surface of the fixture housing, and no light shall be directed at or above the lowest horizontal
plane of the light fixture, as depicted in the examples established by this section, or as approved
by the director. Louvered light fixtures shall not qualify as fully shielded fixtures.
A-1
Outdoor Lighting Examples
A-2
7. Extinguishment of Lights. With the exception of approved security lighting, or operational lighting
conditions approved through a conditional use permit, all exterior lighting and parking lot lighting
shall be extinguished by 10:00 pm.
C. Exemptions. The following outdoor lights shall be exempted from the requirements of this section:
A-3
1. Temporary construction or emergency lighting.
2. Holiday lighting.
3. Exterior lighting for a temporary activity that is permitted through a special use permit, pursuant
to Chapter 17.62 (Special Use Permits).
4. Low voltage, landscape lighting that does not require a permit from building and safety.
D. The planning commission may approve deviations which exceed the standards set forth in
subsections 17.56.040(A)(1) through (A)(4) of this chapter when the planning commission finds that
such deviations are required for public safety, pursuant to the California Building Code. Said lighting
shall be depicted on a "security lighting plan" that is reviewed and approved by the planning
commission through a site plan review application, prior to installation of said security lighting.
(Ord. 320 § 7 (part), 1997)
(Ord. No. 579, § 2, 3-15-16)
A-4
B-1
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 (PLVA2019-0001).
WHEREAS , on January 23, 2019, the Planning Commission adopted P.C .
-----R esol otinn-No~01 8=(}4 , appro ving a Con cHti ona ri:JSePermit-;-'iJanance, G r aa~ng P'=e =rm=~~·.----
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 ,563yd 3 of associated grading, renovate the existing park i ng 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 1 0' 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' taillight 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,
B-2
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 1 0' in height up to 12 .5'
in height on the property at 28300 S. Western Avenue is warranted because:
Ll ere are exc ep 1ona or ex rao r 1nary c1rcum s ances or con 1t1ons applica ble 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' taillight 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 1 0', 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
B-3
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
---------ro=n=e=s:---=o r-r-fl e C fl ase Ban i<Dui ld rng . The lrg ht source of t he lrg ht st an dards facrng
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
B-4
• Construction of a new 4, 131ft2 Chase Bank building;
• Grading consisting of 1 ,438yd 3 of cut and 125yd 3 of fill (1 ,563yd 3 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
_______ s=igns and 12 .5' talllightslandards_, measured from the existing_g_rnd....,.e"--'l'"""e'-"--ve""-JIL>d"-"ir.._,e'-"'c'-'.ltl~---
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
B-5
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
_______ ----;.;-lo_o_r_a_r-=-e=--a,,.:-~fo_r_a_f1nanc1al 1nst1tuflon. A total of 17 park1ng spaces are requ1red 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
B-6
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
B-7
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 ,563yd 3 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 7 of 24
B-8
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 1 0,000ft2 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
B-9
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
--------m-a-'-ln---;.t_a _ln=--tr'h_e_e_x~l ~sting park1ng f or the use of t he entire shopp i ng ce nter 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
B-10
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 w1 th sma ll slopes at t he nort h an d we st SldeOf t he ex1s t mg str ucture .
The Applicant proposes 1 ,348yd 3 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 offill are proposed consisting
of one area of 115yd 3 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 1 Oyd 3 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
B-11
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
-------=m:-=a-=n-:---cufac ure s ope 1n o t e natura · opograp y, as t he 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 3Y2 '-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
B-12
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
--------w--.a rsaa]acent to t e walkway between estern 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
B-13
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 fac;ade, 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
cen er.
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
17.72.1 00(8) 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(8) 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
B-14
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
Ara 1 rani , AICP
Director of Community Development; and,
Secretary of the Planning Commission
;Z;~t<-, )
Gordon Leon
Vice Chairman
P.C. Resolution No. 2019-17
Page 14 of 24
B-15
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
-------ha<Je-reacr,-und-erstam:l-;-am:ragree-to-aH--conditions of--appToval contairred-m-t~-nlrirr-s----
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
B-16
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
-------~c=-=o=n'rta=-'r =ne~a-=~-nerern at a duly notrce a-pol:)hc neanng. As pa rrot sara revrew, t·-t..h-=e ____ _
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
B-17
citations as described in Section 1.16 of the City's Municipal Code .
1 0. 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
B-18
through Friday and before 9:00a .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.
PROJ ECT SP ECIFIC 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 ,438yd 3 of cut and 125yd 3 of fill (1 ,563yd 3 total), with a net
export of 1,31 Oyd 3 ;
• 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
B-19
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' taillight 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: 1 0'
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
B-20
as deemed acceptable by the Director of Community Development.
28. The 4.5' tall roof-mounted equipment shal~ 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-21
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 1 0' 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 m1n1m1ze idling time by requ1nng 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 .3ft 2 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
B-22
• 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 restnct1ng par 1ng t o
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 Cond it ions
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
B-23
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
1nanc1al Code, w lc 1 requii'eSffiat there be a mm1mum of 10 canel -lefoot---rp""o""Wn;errr'"'a·r------
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 fagade, and the 12.5' taillight
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
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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
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P .C . RESOLUTION NO. 2018-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A
CONDITIONAL USE PERMIT, VARIANCE, GRADING PERMIT,
SITE PLAN REVIEW, AND MASTER SIGN PROGRAM TO
ALLOW THE DEMOLITION OF THE EXISTING 5,501 FT 2
VACANT RESTAURANT BUILDING TO ACCOMMODATE THE
CONSTRUCTION OF A NEW 4,131 FT 2 CHASE BANK BUILDING
WITH 1 ,563YD3 OF ASSOCIATED GRADING, A REFURBISHED
EXISTING PARKING LOT WITH NEW LANDSCAPING,
LIGHTING, AND RELATED SITE IMPROVEMENTS, INCLUDING
SIGNS, A LEGAL NON-CONFORMiNG LOT COVERAGE OF
77%, AND ROOF-MOUNTED EQUIPMENT ABOVE 16' IN
HEIGHT ON THE PROPERTY LOCATED AT 28300 S. WESTERN
AVENUE (ZON2017-00030)
WHEREAS, On January 16, 2017, Stantec Architecture , Inc. subm itted, on behalf of Cap
Cincy, LLC and Chase Bank, applications for a Conditional Use Permit, Environmental
Assessment and Grading Permit to demo li sh the ex isting restaurant building to accommodate the
construction of a new 4 , 131tti Chase Bank building with 1 ,563yd3 of associated grading, refurbish
the existing parking, and install related site improvements including signs;
WHEREAS, on February 15, 2017 , Staff completed the initial review of the development
application and deemed the appl ication incomplete. After several resubm ittals of revised plans
and additional information , Staff deemed the development application complete for processing on
October 26, 2017 ;
WHEREAS , on October 26, 2017 , a public notice announcing the November 14, 2017
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;
WHEREAS, on November 14 , 2017, as recommended by Staff, the Planning Commission
continued the public hearing to its November 28 , 2017 meeting to allow Staff to re-issue the public
notice to include a Variance application to consider allowing the existing parking lot to exceed the
50% maximum lot coverage for a property within the Commercial General (CG) zoning district
WHEREAS , on November 9 , 2017 , a revised public notice was published l n the Palos
Verdes Peninsula News and mailed to all persons owning property within a 500' radius of the
subject site announcing the requested variance application in add ition to th e other requested
applications ; and ,
WHEREAS, on November 28 , 2017 , the Planning Commission held a duly noticed
continued public hearing ., at which time all interested parties were given an opportunity to be heard
and present evidence . After hearing a report from Staff, as well as from the Applicant, and
members of the public , the Planning Commission voted 5-0 to continue the public hearing to
January 23, 2018 to allow Staff to distribute a public notice for the required Site Plan Review
application for the ptoposed roof-mounted mechanical equipment, and to allow additional time for
the property owner to work out concerns expressed by the owner of the neighboring shopping
center;
C-2
WHEREAS , on January 4, 2018, a revised public notice was published in the Palos Verdes
Peninsula News and mailed to all persons owning property within a 500 ' radius of the subject site
and all individual tenants of the Westmont Plaza Shopping Center, announcing the requested Site
Plan Review application in addition to the other requested applications ;
WHEREAS , pursuant to the provisions of the California Environmental Quality Act. Public
Resources Code Sections 21000 et. seq, ("CEQA"), the State's CEQA Guidelines , California
Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and
Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement). the
Planning Commission found no evidence that the approval of the requested Conditional Use
Permit, Variance , Major Grading Perm it, Site Plan Review and Master Sign Program Permit
applications would have a significant effect on the environment and, therefore, the proposed
project has been found to be Categorically Exempt (Section 15303(c)); and,
NOW, TH EREFORE, THE PLANNING COMMISSION DOES HEREBY FIND , DETERMINE AND
RESOLVE AS FOLLOWS :
Section 1: 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 followi ng
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 ' reta inin g 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 garde n walls;
• Refurbish the parking lot with new striping, landscaping , directional signs and 10' tall pole
lights;
• 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 "Ch ase 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 backl ighting for exterior ATM ;
o Reface the existing monument si9n 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;
• Insta llation of a 48fe electrical transfo rmer pad;
P .C . .Resolution No . 2018 ~04
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C-3
• Increasing the maximum allowable lot coverage of 50% to 7 7% (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 2 : The Cond itional Use Permit Revision allows for the demolition of the existing
5,501 ft2 vacant restaurant bu ilding (former Coco's restaurant) to accommodate the construction
of a new 4,131ft2 Chase Bank buildi ng and the refurb ishment of the existing parking lot w ith new
landscaping and lighting.
The Planning Commiss ion finds that the approval of a Conditional Use Permit (CUP) Revision Is
warranted because :
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 cond itions 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 bu ild ing . 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 [parkingJ 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 , 131ff of gross floo r area , plus 9 parking spaces for the proposed 9 employees. As such ,
a total of 26 parking spaces is requ ired by the Development Code. T he Applicant proposed
a tota l of 48 parking spaces that are designed to meet the minimum parking stall
dimensions of 9' w idth 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 Ba nk
building site is designed to maintain veh icular 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 P ubJic Works Department indicates that the propqsed
bank w ill generate fewer trips (50 .11 trips ) per peak PM (4 :00P.M-6:00P.M.) hour than
the previous restaurant (54 .19 trips).
C. In approvi ng 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 p roperties , and Condit ions of Approval
P .C. Resolution No. 2018 -04
Page 3 of 19
C-4
are included in order to minimize the possibility of any adverse impacts on adjacent
property, as discussed below.
a . Traffic a.hd 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 way-finding signs and pavement markings
will be installed to properly direct vehicle movement.
b. Load ing 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, i n terms of deliveries , to an
office building use , no load ing space will be required .
c. Aesthetics
The proposed 4,150fF 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 or:iented in a north-south d1rection . 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, severaJ. existing eucalyptus trees will be removed and
replaced with new trees. bushes and groundcover that will seamlessly blend with
the several existing trees that w ill 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 all owed by the
Development Code for commercial structures , it will not significantly adversely
affect visual relationships with neighboring properties because it will be set tower
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 e.levation, 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.
P .C . Resolution No. 2018-04
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C-5
e . Signage
The Applicant proposes a Master Sign Program for the property as discussed in
the "Master Sign Program" section below.
f. L1ghtmg
All proposed lighting for the project complies with City's Non-Residential Outdoor
Light Ordinance per Section 17 .56 .040 of the Deve lopment 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, includ ing but not lim ited to a storm drain infiltration trench ,
which will be approved prior to issuance of any building and/or grading permits.
The proposed structure includes some roof-mounted mechanical equipment,
including venti lation. 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 Ban k, with minimal noise impacts to
adjacent properties.
Additionally , in regards to short-term construction noise, several conditions
reg arding 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. 2018-04
Page 5 of 19
C-6
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 3: The Commission finds approval of a Variance 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 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 bein.g
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 conform ity 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 complex was
originally developed at this site encompassing the adjacent two properties . This document
details the easements, covenants, restrictions. liens and charges that app ly 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
P.C . Resolution No. 2018-04
Page 6 of 19
C-7
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% minim izes 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 .
B. 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
cond itions 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 zon i ng 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 .
C. Granting the variance will not be materially detrimental. to the public welfare or injurious to
property and improvements in the area in wh i ch 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 fn 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.
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. 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 v iew of adjoining sites an.d ci rculation 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 reduce the frontage
length of the building parallel with the res idential 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 4:
because :
The Planning Commission finds approval of a Major Grading Permit is warranted
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 minimiz ing 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 park ing area south
P .C . Resolution No. 2018-04
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C-8
of the new structure . No grading is proposed in the exist ing parking area that will be
restriped to comply w i th the current codes reg arding non-residential parking. Two smaller
areas of fill are proposed consisti ng. of one area of 115yd3 of f i ll borde red by a 7.5 ' tall
combination wall (4' retaining w ith a 3.5' guardrail) that is p roposed at the east .side of the
new st ructure as it w i ll be located over an existing planter and parking area which is
currently at a lower elevation . Another area cons is ts of 1 Oyd 3 of fill (0 .18' max) that is
proposed at the south edge of the new parking area . T he proposed grading will create a
lower building pad f o r the new building and will integrate the new structure with the ex isting
streetscape.
B . The proposed grading and/or related construction do not significantly adversely affect the
visual relationships with, or the views from t he viewing area of neighbo r ing prope rties.
More specifically, the new bank building will measure 19.86' in height from the h ig hest
existing grade covered by the structure to the h ighest r oof rfdgellne , and 24.85' in hetght
from the point where the foundati.on meets the lowest finished grade (elev. 192.16') to the
highest roof ridgeline . Although the structu re 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 pro posed structure. Addi t iona lly, the structure w ill
incorporate a variety of architectural materials and colors that will coordinat e with the
existing structures in the adjoin ing shopp ing cent er complex. In any event, the new bank
build ing will be set lower on the property than the existing structure, thus helping to
m i nimize any potential view impacts
The proposed structure will not significantly adversely affect views from t he viewing areas
of neighboring properties because although the res idential properties located across
Western Avenue are at a higher elev ation , they are either not located at a sufficiently high
e levation to enjoy a v iew, or the topography limits the extent of any potential view, in t hat
the residences may only see views of property within City limits or foliage on properties
located outs ide of City lim its .
C . The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. More specifically, t here are no natural contours on the
site, as the existing slopes at the north and west sides of the p roperty were c reated as a
resu lt of the original development of t h e 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 f ill for the new structure is
located within an area which was distu rbed when the property was originally graded and
the existing bu ilding constructed in the early 1970s. T herefore, 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 w il dlife habitat through remova l of vegetation because there is no natural
landscape or w ildlife habitat in the proposed grading area.
f . RPVDC §17.76 .040(E)(9) contains seve r al standa rds for major grading pe r mits. The
P .C . Resoluti on No. 20 18 -04
Page 8 of 19
C-9
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 ridgel ine,
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 trans ition between the graded and ungraded areas. The fin ished
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 economic use of the property.
Additionally, the proposed new slopes which exc~ed 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 lim itations upon other properties in the
v icin ity because sitnilar 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 safeiy 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 iss uance, and a series of inspections will be r equired throughout
the construction process to ensure compliance with the City-approved plans.
Section 5: The Planning Commission finds approval of a Site Plan Review to al low 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.
P.C . Resolution No . 2018-04
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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 wi ll be screened within and
not exceed the height of the 6 .75 ' tal l parapet wall around the perimeter of the roof, and
views from adjacent properties wil l 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 6 : 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 typ ical for each branch and complement the roof and wall colors of the
structure. Additionally, the proposed signs a re 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 sout h fa~ade , which faces the parking lot and
is the main entrance for the structure. The other s ignage is proposed only as needed for
directional purposes and for legally required ADA parki ng spaces and so will not constitute a
detriment to pub lic health, safety and welfare. Furthermore , the proposed signs will not obscure
from viewing or unduly detract from exi st ing adjacent signs as they are located a minimum of 50'
away from any other structure in the adj acent shopping center. Also, although the one of the
internally-illuminated wall signs is across the street from a residential neighborhood , this sign is
sim ilar in style and character to other existing signs within the adjacent shopping center.
Section 7 : 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(8) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, i n writi ng ,
settl ng forth the grounds of the appeal and any specific actions requested by the appellant, and
accompan ied by the appropriate appeal fee , no later than fifteen (15) days following January 23,
2018, the date of the Planning Commission's final action .
Section 8: For the foregoing reasons and based on the information and findings included in
the Staff Report, Minutes and other records of proceedings, t he Planning Comm ission of the City
of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2018-04 approving a Conditional Use
Permit. Variance, Grading Permit, Site Plan Review, and Master S ign Program to demolish the
existing 5 ,501ft2 vacant restaurant bui lding (former Coco's restaurant) and construct a new
4 ,131 ft2 Chase Bank bui lding with 1,563yd3 of associated grading, a refurbished existing parki ng
lot with new landscaping, lighting , and related site imp rovements including signs, a legal non-
conforming lot coverage of 77%, and roof-mounted equipment above 16 ' in height on the property
located at 28300 S. Western Avenue, subject to the Conditions of Approval in the attached Exhibit
'A'.
P.C. Resolution No . .2018-04
Page 10 of 19
C-11
PASSED, APPROVED, AND ADOPTED this 23rd day of January 2018 , by the following vote:
AYES : Commissioners Bradley, Emenhiser, Nelson, Tomblin, Leon, and Vice Chairman
James
NOES: None
ABSTENTIONS: None
ABSENT: None
~9Q~
William J . Ja;fu; /
Vice Chairman
P .C. Resolution No. 2018-04
Page 11 of 19
C-12
EXHIBIT "A ''
CON D ITIONS O F APPROVAL FOR
C ONDITIO NAL USE PERMIT , VARIANC E,
M AJOR G RADING PERMI T, SI T E PLAN RE VIEW,
AND M A STER SIG N PR OG RAM
(PLAN NI NG CASE NO. ZO N2017-00030)
2 8300 S . W ESTERN AVENUE
GE N ERAL C O NDITI O NS
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. Failu.re
to provide said written statement within ninety (90) days follow ing the date of t his approval
sha ll render this approval null and void .
2. The Applicant shall indemnify, protect, defend, and hold harmless, the Ci ty, and/or any of
its officials , ·officers , employees. agents, departments, agenci'es , and instrumentalities
thereof. from any and all claims, demands, lawsuits, writs of mandamus, and ot her actions
and proceedings (whethe r legal, equitable, declaratory , admin istrative or adjudicatory in
nature), and alternative dispute resolutions procedures (including , but not limited to
arbitrations , mediations , and other such procedures) (collectively "Actions''), brought
agqinst 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 annu l, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers , employees , agents , departments. agencies , and
inst rumentalities thereof (including actions approved by the voters of the City), for or
concern ing 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 th1s conditio n. 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 .
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 Approva l of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulations, or any Federal , State , County and /o r City laws and regulations . Unless
P.C. Resolution No. 2018-04
Page 12 of 19
C-13
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 Comm ission 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
associat ions ~ and to the property owner in accordance the RPVMC. As part of t he 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
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 th is 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 ach ieve 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 residentjal
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 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 .
P .C. Resolution No. 2018-04
Page 13 of 19
C-14
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 s·ites 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 th,e surrounding property owners , to the satisfaction of the City 's Building
Official.
16. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM l Monday
through Friday , 9 :00AM to 5:00 PM 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 AM Monday through Friday and before 9 :00 AM 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 constructi on activities, the Applicant shall employ
effective dust control techniques , either through screening and/or watering .
P .C . Resolution No. 2018-04
Page 14 of 19
C-15
19. PRIOR TO ISSUAN CE OF GRADING OR BU ILDING PERMITS , haul routes to transport
soil shall be approved by the Public Works Department.
20. PRIOR TO ISSUANCE OF GRADING OR BUILDI NG PER MITS, authorization for any
work within the public right-of-way of Western Avenue shall be obtained from the Public
Works Departme nt of the City of Rancho Palos Verdes and Calfrans, if appficable.
21 PRIOR TO ISSUANCE OF G RA D IN G OR BUILDING PER MITS , authorization for any
work wi thin t he public right-of-way of Westmont Drive shall be obtained from t he City of
Los Angeles and Cal Trans, if applicable.
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 (fo~me r Coco's restaurant);
• Construction of a new 4, 131ft2 Chase Bank bu ilding ;
• Grading consisting. of 1 ,438yd3 of cut and 125yd3 of fi ll (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 he ight along the e ntry path at the west side of the
structure ;
• ConstrucHon of freestanding garden walls;
• Refurbish the pa rking lot with new striping , landscaping, directiona l signs and 10 ' tall pole
l ights ~
• 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 electrica l transformer pad ;
• Increasing the maximum allowable lot coverag.e of 50% to 77% (Variance);
• Installation of one root-mounted air conditioning condenser unit and two heat pump units
(mechan ical equipment);
• Installation of landscaping per the approved landscape plan .
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 hig hest 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').
BU ILDING HEIGHT CERTIF ICATION IS REQU I RED TO BE PROVIDED BY A
LICE NSED L AND SURVE YOR O R C IVI L EN GINEER PRIOR TO ROOF SHEAT HING
INSPECT ION
P.C . Resolution No. 2018-04
Page 15 of 19
C-16
25 Unless modified by the approval of future plann ing applications , t he 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-re sident ial property: 1 0 '
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 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.
Parkrng Conditions
29 . The Applicant shall provide a minimum of 26 parking spaces per RPVDC Section 17.50 .
A tota l 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 clea rly 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 El imination System (N PDES) permits for stormwater discharges.
33 . Prior to the installation of the bicycle lockers, a color sample for the locker exterfor shall
be reviewed and approved by the Director of Community Development.
Landscape Conditions
34 . PRIOR TO FINAL BUILDING INSPECTION , the property shall be landscaped pe r the
landscape plans approved by the Planning Commission on January 23, 2018.
P .C. Resolution No. 2018-04
Page 16 of 19
C-17
35 . Except for the existing monument sign , no structures or site 1mprovements in excess of
th irty-inches (30") in height shall be permitted within the intersection visibility tr iangle of
Western Avenue and Westmont D rive.
36 All new landscaping in the following areas identified on the plans shall be maintai ned 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 beginn ing at the
northeast corner of the driveway accessed from Westmont Drive , extending 50' to
the east and south ,
b. The triangular area identified on the plans, formed by the point beginning at the
northwest corner of the driveway accessed from Westmont Drive, extendfng 50' to
the west and south ,
c. The triangular area identified on the plans , formed by the point beginning at the
northwest corner of t he driveway accessed from Western Avenue , extending 50'
to the east and north.
37 PRIOR T O ISSUANC E OF GRADI NG OR BUILDING PER MITS , revised plans shall be
submitted relocating approximately 46' length of the 32" ta ll garden wall to accommodate
a 1 0' wide landscape buffer between the refurbished parking lot and Westmont Drive,
38 . Landscaping for the project shall be designed, implemented and maintained fo comply
with the C ity's Water Efficie nt Landscape Ordinance (WE LO).
39 . Prio r to approval of the landscape plan , t he Applicant shaH demonstrate to the satisfaction
of the Director of Community Development, compliance with the City 's L ow Impact
Deve lopment Ordinance (LI D).
Construction Conditions
40. All construction vehicles onsite shall minimize idli ng ti'me by requiring tha t equipment be
shut down after 5 minutes when not in use (as required by the State a irborne toxics co n tro l
measure [T itle 13, Sect ion 2485 of the Californ ia Code of Regulations]). Clear signage
that lists this requirement shall be posted that posts t his requirement for workers at the
entrances to the site and provide a plan for the enforcement of th is requ irement.
41 . No modifications shall be allowed to the existing storm drain system except to connect the
new drain pipes. The Appl icant shall i mplement measures to protect the existing storm
drain lines , and fix and/or replaced them as needed if any damage occurs during
constructio n, to the satisfaction ef the Building Official.
Sign Program Conditions
42. Signage shall be limited to the following signs:
• Three (3) 57.6ft2 i nternally illuminated chan nel letter wall signs located on the north , west
and south elevations of the new Chase Bank structure wh ich will include the text "Chase"
P .C. Resolution No . 2018-04
Page 17 of 19
C-18
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 exterTor ATM ;
• Blue LED backlighting for exterior ATM;
• Reface the existing monument sign with the "Chase" text and logo;
• Various directional and ADA signage ;
• Add itional minor window signage and temporary signs shall be allowed in accordance with
the provisions of the Cityts Development Code.
43. All signage Hghting, other than for the ATMs , shal.l 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 17J6.050 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 Hne.
Site Lighti ng 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 the Development Code.
P.C. Resolution No. 2018-04
Page 18 of 19
C-19
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
cahdlefoot power w ithin 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 lighti ng, 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 i ntensity or numbers of lights which are determined to be excessively
brlght or otherwise c reate 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 waH 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 fayade, and the parking lot lights mounted on
10' poles, shall be Lithonia Lighting "D-Series" luminaires, each with a house side shield,
a diffused drop lens, and dark bronze housing.
60. No blue lights shall be allowed except for the backlighting of the A TMs and an accent light
in the soffit of the interior of the building.
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. 2018-04
Page 19 of 19
17.78.010 - Fee waivers.
A. Except for the application fee exemptions described in Sections 17.78.010(E) and (F) of this chapter,
no appeal, application for a permit or approval under Title 15 (Buildings and Construction), Title 16
(Subdivisions) or Title 17 (Zoning) of this municipal code may be accepted unless the applicant pays
all necessary application, appeal and/or penalty fees as established by the city council. The director
may accept requests for waiver of application, appeal and/or penalty fees for presentation to the city
council. If a fee waiver request is submitted concurrently with an application or appeal, the
application, appeal and/or penalty fee shall be paid by the applicant and the paid fee shall be held by
the city until a determination is made on the accompanying fee waiver request.
B. The city council may, in its discretion, grant such a waiver if it finds:
1. The applicant or the beneficiary of the use or activity proposed by the applicant is a nonprofit
corporation registered with the State of California;
2. The use or activity proposed or the activities of the beneficiary of the use or activity proposed
are charitable, educational or otherwise provide a substantial benefit to the public; or
3. The applicant has demonstrated a financial hardship, as determined by the city council, on a
case by case basis.
C. The city council may, in its discretion, grant a fee waiver without making the findings specified in
Section 17.78.010(B) of this chapter, if the applicant has been granted a variance due to
administrative error pursuant to Section 17.64.020(C) of this title.
D. The city council may, in its discretion, grant a penalty fee waiver without making the findings
specified in Section 17.78.010(B) of this chapter, if the applicant has previously paid the penalty fee
for an after-the-fact application that was denied without prejudice, and is submitting a subsequent,
modified version of the after-the-fact application within one year of the denial of the previous
application.
E. Registered nonprofit 501(c)(3) corporations that are registered with the secretary of state and which
are located or conduct business in the City of Rancho Palos Verdes or provide services available to
city residents, shall, upon submittal of reasonable proof as to nonprofit 501(c)(3) status, be exempt
from the requirement for payment of application fees associated with processing certain planning
applications. This exemption shall apply only to the following types of applications:
1. Temporary sign permits;
2. Special use permits;
3. Sign permits;
4. Site plan review applications (only where no new expansion of building space or lot coverage is
proposed); and
5. Conditional large domestic animal permits.
This fee exemption shall not be construed as waiving the requirements for submittal and review
of the required applications and associated information. This fee exemption shall not apply to appeal
fees, penalty fees or fees for building permits or plan check services. Fee waivers for appeal fees,
penalty fees and/or building permits or plan check services shall be processed in accordance with
the procedures described in Section 17.78.010 (Fee Waivers) of this chapter.
F. Any permit or application fees (excluding city consultant review fees) associated with the proposed
reconstruction of a building or other structure (or portion thereof) that has been damaged or
destroyed by fire, earthquake, landslide or an involuntary act of the property owner shall be waived,
provided that the rebuilt building or structure is no more than 250 square feet larger than it was prior
to the damage or destruction, and provided that the applicant can demonstrate that said fees are not
covered by the applicant's homeowners' insurance policy. In the event that three or more properties
are affected by any single incident, the city council may, in its discretion:
D-1
1. Grant a fee waiver without making the findings specified in Section 17.78.010(B) of this chapter;
or
2. Deny the waiver in its entirety or grant only a partial waiver, based upon a finding of adverse
fiscal impact to the city.
(Ord. 463 § 6, 2007: Ord. 354 § 7 (part), 2000: Ord. 320 § 7 (part), 1997)
D-2