2015-11RESOLUTION NO. 2015-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF A VESTING TENTATIVE PARCEL MAP NO. 72775,
SUBDIVISION NO. 94, A REQUEST TO SUBDIVIDE A 7.05 ACRE
VACANT LOT ON CREST ROAD EAST INTO TWO SINGLE FAMILY
RESIDENTIAL LOTS, AND RECOMMENDING APPROVAL OF THE
MITIGATED NEGATIVE DECLARATION, IN ZONING CASE NO.
869, LOT 132 -A -MS ON CREST ROAD EAST, (HYNES).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. James Hynes, with respect to
real property located at Crest Road East, APN 7567-011-020, known as 23 Crest Road
East. The applicant requests to subdivide one existing vacant lot totaling 7.051 acres
(gross) into 2 parcels. Parcel 1 is proposed to be 3.70 acres gross and 3.0 acres net and
Parcel 2 is proposed to be 3.34 acres gross and 2.67 acres net. (Net lot, as mentioned
here, is for the purposes of development pursuant to the definition of net lot area in the
City of Rolling Hills Zoning Ordinance).
Section 2. Willdan Engineering consultants acted as the City Engineer for this
project and reviewed the application and pertinent documents, studies and materials.
Their recommendations are incorporated into the conditions of approval. Willdan
Engineering found that the project is feasible for implementation by the developer and
that it is in conformance with City's and state regulations pertaining to subdivisions.
Section 3. The project site is bounded on all sides by properties in the City of
Rolling Hills that are similarly zoned (RA -S-2) and developed with single family homes
on minimum two -acre lots. Klondike Canyon is located south to southwest of the
property.
Section 4. The Planning Commission held duly noticed public hearings in this
case on December 16, 2014, January 20, 2015, April 21, 2015 and at a field trip visit on
January 20, 2015. The applicants were notified of the public hearings in writing by first
class mail. Evidence was heard and presented from all persons interested in affecting
said proposal, and from members of the City staff and the Planning Commission.
Several letters of general concern with subdivisions and development in the City and
the effect of this particular subdivision on the neighborhood were received from
neighbors. The Planning Commission having reviewed, analyzed and studied said
proposal and the neighbors' concerns found that the project meets all criteria for a
subdivision. The applicants' representatives were in attendance at the hearings and
addressed the Planning Commission.
Section 5. Title 16 of the Rolling Hills Municipal Code governs subdivisions.
Pursuant to Section_ 16.12.110 of Title 16, Subdivisions, of the Rolling Hills Municipal
Code, the Planning Commission is the advisory agency for review of a Tentative
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Tract/ Parcel Map and the Commission is to make its recommendations to the City
Council upon completing evaluation of all environmental proceedings pursuant to the
local guidelines implementing the California Environmental Quality Act (CEQA).
Section 6. Pursuant to the California Environmental Quality Act (CEQA) staff
prepared an Initial Study (IS) for the proposed subdivision. The Initial Study is a
preliminary evaluation of potential impacts and also identifies mitigation measures to
address impacts. Staff has concluded that the project will not have a significant effect on
the environment, subject to incorporation of mitigation measures, including those
recommended in the Biological Resources Assessment report prepared by an
environmental consultant.
As required by CEQA, staff mailed the Initial Study to local cities, and state agencies for
their comments. Notices of the public hearings, field trip and of the preparation of the
Mitigated Negative Declaration was also mailed to residents within 1,000 -foot radius of
the project. Comments were received from the Fire Department, neighbors of the project
and California Department of Fish and Wildlife. The comments and responses were
incorporated into an amended Mitigated Negative Declaration.
Section 7. The Planning Commission has reviewed the proposed Mitigated
Negative Declaration and finds that it represents the independent judgment of the City
and that it was prepared in compliance with CEQA. Therefore, the Planning
Commission finds there will not be a significant effect in this case on the environment
because mitigation measures have been added to the project, and are incorporated
herein by reference. Based upon these findings, the Planning Commission hereby
recommends that the City Council adopt a Mitigated Negative Declaration in
accordance with the California Environmental Quality Act.
Section S. Pursuant to Section 16.12.150 of the Rolling Hills Municipal Code the
Planning Commission makes the following findings of fact:
A. The proposed tentative parcel map and the design and improvement of the
proposed subdivision are consistent with the applicable General Plan, including but not
limited to, the following goals and policies of the General Plan:
1. Maintain Rolling Hills' distinctive rural residential character (Land Use
Element, p. 15) by creating a subdivision meeting the minimum lot size standard that
will allow significant portions of the parcels to remain undeveloped thereby
maintaining open space and scenic vistas.
2. Accommodate development which is compatible with and complements
existing land uses (Land Use Element, p. 15) by creating a subdivision with lots that are
greater than the minimum lot size and allowing significant portions of the parcels to
remain undeveloped, preserving the City's easements and open space system, and
preserving significant areas and maintaining the rural character of the City.
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3. Accommodate development that is sensitive to the natural environment.
There are no environmental or geological hazards on the property. (Land Use Element,
p. 16).
4. Conserve and enhance the City's natural resources, facilitating
development in a manner which reflects the characteristics, sensitivities and constraints
of these resources (Open Space and Conservation Element, p. 15) by creating a
subdivision with lots that are greater than the minimum lot size required and meeting
all design standards of the Rolling Hills Subdivision Ordinance, except for a minor
modification to the width of the lots at the very end portion of the lots, which are too
steep for development.
B. The site is physically suitable for the proposed density and type of
development. The proposed use, density, and proposed subdivision improvements are
permitted in the RA -S-2 zone. The RA -S-2 Zone requires that the minimum lot size be 2
acres net. The project has 7.05 acres gross and creates lots with the following
dimensions: Parcel 1 - 3.70 acres gross and 3.0 acres net and Parcel 2 is proposed to be
3.34 acres gross and 2.67 acres net.
C. The design of the subdivision includes two new driveways along Crest
Road East, plus access to the stables. The Traffic Commission reviewed and approved,
in concept, the two driveways that would serve the new parcels.
D. The design of the subdivision or the proposed improvement is not likely
to cause substantial environmental damage; or substantially and avoidably injure fish
or wildlife or their habitat, because the property is within an area of the City,
designated for development and the City's development criteria will insure that any
fish, wildlife, or sensitive habitats on the property are adequately protected. The Initial
Study prepared for the project identified sensitive vegetation and potential presence of
an endangered bird (gnatcatcher) and butterfly (Palos Verdes Blue Butterfly), which
will be studied for their presence at the time the project is presented for development,
and if present will be protected or relocated, per the conditions of approval specified in
this Resolution.
E. The design of the subdivision or type of improvements is not likely to
cause serious public health problems because conditions of approval have been applied
to the project to require compliance with applicable codes and ordinances designed to
protect public health and safety. Concerns for drainage expressed by the residents will
be addressed at the development stage of the lots and the applicant has agreed to a
"Drainage Covenant" to be recorded prior to recordation of the Final Map.
F. The design of the subdivision or type of improvements will not conflict
with easements acquired by the public at large for access through or use of property
within the proposed subdivision. No new roadway easements will be required in favor
of the Rolling Hills Community Association and adequate access will be provided to
each parcel. In addition, each parcel created as part of this subdivision will contain
perimeter easements providing access for roads, trails, and public utilities. As a
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condition of approval, these easements will be recorded in deeds prior to approval of
the final map.
G. The proposed subdivision will not adversely affect the housing needs of
the region.
H. The proposed use will be in substantial compliance with the provisions of
the Residential Development Standards in the Rolling Hills Zoning Ordinance. The
proposed use will be compatible with other existing residential development in the
immediate area.
I. The tentative map design provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible because the project is
designed with lots of adequate dimensions to maximize the opportunities for passive
and natural heating and cooling.
J. The tentative map does not propose to divide land, which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, because
the property in question has not been included in any such contract.
K. Pursuant to Section 66474.6 of the Government Code (Subdivision Map
Act), the discharge of waste from the proposed subdivision into proposed septic
systems will not result in violation of existing requirements prescribed by the California
Regional Water Quality Control Board, because the subdivider is required to comply
with all Conditions of Approval regarding waste disposal as required by the Health
Department.
L. Pursuant to the Rolling Hills Municipal Code Section 16.12.155, this
Tentative Parcel Map is consistent with and does not impact the County of Los Angeles
Hazardous Waste Management Plan. The project will not generate any hazardous
waste.
Section 9. Based upon the foregoing findings, the Planning Commission
recommends that the City Council approve Tentative Parcel Map No. 72775,
Subdivision No. 94 in Zoning Case No. 869, a request for a two (2) -lot subdivision of
land subject to the following conditions:
MISCELLANEOUS CONDITIONS:
1. This Tentative Map shall expire two (2) years from the date of City
Council approval. The Tentative Map was approved on and shall expire on the
following dates:
APPROVAL DATE:
EXPIRATION DATE:
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This approval shall become null and void if a final map has not been timely filed prior
to the expiration date or any extension granted in accordance with provisions of the
Subdivision Map Act. Pursuant to the Subdivision Map Act, an extension of time to the
expiration date may be granted by the City Council upon submittal of a formal
application, the required fee and exhibits at least forty (40) days prior to expiration of
the map. The duty of inquiry as to such time expiration shall be upon the subdivider.
2. This Tentative Parcel Map is granted for all boundary lines, easements,
rights-of-way, and construction of off-site improvements as shown on the map dated
December 8, 2014, which is on file in the Planning Department as may be modified by
the Conditions of Approval.
I This Tentative Parcel Map approval is subject to all applicable
requirements of the State of California, the County of Los Angeles, the City of Rolling
Hills, any other affected governmental entities, and the requirements of the Rolling
Hills Community Association. The duty of inquiry as to such requirements shall be
upon the subdivider.
4. The subdivider shall comply with all the requirements of the Rolling Hills
Municipal Code, and all requirements of the City of Rolling Hills ordinances,
resolutions, engineering standards and other applicable standards, that are in effect at
the time that subdivision improvement permits are issued for development.
5. The applicant shall obtain approval of, and all required permits from, the
Rolling Hills Community Association for all of the subdivision improvements affecting
easements, roads, and trails.
6. At the time plans are submitted for construction purposes the property
owner of each lot shall be required to pay all applicable fess, including but not be
limited to City discretionary review permit fees, all of the applicable Building and
Safety and Public Works Department fees, including City's Parks and Recreation Fees
and Palos Verdes Unified School District fees for new homes.
7. Coordination with utility companies by the applicant's engineer during
design and construction of the infrastructures shall be required in order to ensure that
required public improvements are not in conflict with existing or proposed utilities.
8. When exhibits and written conditions of approval are in conflict, the
written conditions shall prevail.
9. The Tentative Parcel Map shall show and contain all of the matters and
details as required by the City of Rolling Hills Subdivision Ordinance Section 16.12.050.
If it is impossible or impracticable to place upon the tentative map any matter required
in this section, such matter or information shall be furnished in a written statement,
which shall be appended to and submitted with such map.
10. There shall be filed with the tentative map a geological report prepared by
a registered engineering geologist, as required by the Business and Professions Code of
the State, showing the geological characteristics of the proposed lots in the proposed
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subdivision, and confirming that a building site can be developed on the lot which is
free of geological hazard. Said report and the conclusions contained therein shall be
approved by the City Engineer, and may be subject to the provisions of Chapter 16.36
Geological Investigation and Report Required, of the Rolling Hills Municipal Code.
11. The Tentative Parcel Map shall comply with all provisions of the City
Subdivisions and Zoning Ordinance, including but not be limited to the area
requirements and subdivision development standards of the RA -S-2 Zone requiring a
minimum parcel standard of two net acres per lot.
12. The applicant shall pay all fees at the time fees are determined to be
applicable and comply with all requirements of the applicable Federal, State and Local
agencies, including, but not be limited to the following:
Los Angeles County Sanitation District
Los Angeles County Consolidated Fire District
California Water Service Company
Palos Verdes Peninsula Unified School District
Department of Health Services
City of Rolling Hills, Quimby Act fees for new parcels
In addition, in accordance with Chapter 1706 of the California state Statutes, the
applicant shall pay any required fee, along with the required processing fee, to the City
of Rolling Hills and County Clerk for remittance to the State Department of Fish and
Wildlife. This approval shall not be valid and effective unless and until the fee(s) have
been paid and the Notice of Determination filed.
13. The driveway approaches and access to the future stables shown on the
tentative map were reviewed by the City's Traffic Commission and deemed feasible for
future development.
14. In lieu of establishing the final specific locations of structures on each
parcel at this time, the owner, at the time of issuance of a grading or building permit,
agrees to develop the property in conformance with the City ordinances and other
appropriate ordinances including but not be limited to the Building Code, Plumbing
Code, Grading and Drainage Code, Green Building Code, Mechanical Code, Sanitary
Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements
and other requirements may be imposed pursuant to such codes and ordinances.
B. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO OR IN
CONNECTION WITH RECORDATION OF THE FINAL MAP:
General Conditions
1. Details and notes shown on the tentative map are not necessarily approved.
Any details or notes, which are inconsistent with requirements or ordinances, general
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conditions of approval, or City policies, must be specifically approved in the final map
or improvement plan approvals.
2. A final map prepared by, or under the direction of a Registered Civil Engineer
authorized to practice land surveying, or a licensed Land Surveyor, must be processed
through the City Engineer's office prior to being filed with the County Recorder.
3. if applicable, delineate restricted use areas, approved by the consulting
geologist and/or soils engineer, to the satisfaction of the City Engineer, and such area
shall be recorded with the Final Parcel Map as a right to prohibit the erection of
buildings or other structures within the restricted areas.
4. A preliminary subdivision guarantee is required showing all fee interest
holders and encumbrances. An updated title report shall be provided before the final
map is released for filing with the County Recorder.
5. Monumentation of map boundaries, street centerline and lot boundaries
are required for a map based on a field survey.
6. If the relationship of existing buildings/ sewage disposal component to the
new lot/parcel lines creates conditions that do not comply with the Building
Code/Plumbing Code/Zoning Ordinance, these non -complying conditions shall be
corrected or the parcel lines relocated prior to the division of land.
7. Offer shall be made to grant ingress/ egress and utility easements to the
public over the private street(s).
8. All easements that will be in existence at the time of final- map approval
must be accounted for on the approved tentative map. This includes the location,
owner, purpose, and recording reference for all existing easements. If an easement is
blanket or indeterminate in nature, a statement to that effect must be shown on the
tentative and final map in lieu of its location.
9. Prior to submitting the parcel map to the City Engineer for examination
pursuant to Section 66450 of the Government Code (the Subdivision Map Act), obtain
clearances from all affected Departments and Divisions, including the contract map
checker, who will be responsible for checking the map for technical correctness. The
County of Los Angeles Land Development Group will be responsible for tax clearances,
checking the map against the Final Subdivision Guarantee, and assigning a Book and
Page(s) for the approved map.
10. The subdivider shall prepare and submit with the Final Map a restrictive
drainage covenant between the City and the owner of the two parcels created pursuant
to this application agreeing that any development proposed for the lots created by this
Parcel Map are required to provide on-site retention of any additional volume of
stormwater that would be created by the site. Specifically, retention facilities shall be
sized to contain the difference in runoff volume for the 25 -year storm, calculated using
methodology acceptable to the City Engineer. The covenant shall comply with all
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requirements set forth in California Civil Code sections 1460 et seq., shall be recorded
contemporaneously with the recording of Final Map No. 72775 creating the two parcels
affected, and shall have language substantially similar to the following:
"Any development proposed for the lots created by this Parcel Map are required to
provide on-site retention of any additional volume of stormwater that would be created
by the site. Specifically, retention facilities shall be sized to contain the difference in
runoff volume for the 25 -year storm, calculated using methodology acceptable to the
City Engineer. This facility shall be sited in such a way as to collect storm runoff, to the
extent practical, from the new hardscape and other features contributing the additional
runoff, and the water collected shall be disposed of by irrigation or other reuse on site,
to the greatest extent allowed by reviewing agencies having jurisdiction, or by later
discharge to the existing drainage course. (The intent being that the facility be sized to
accommodate all new hardscape, though not necessarily requiring that 10017o of new
hardscape drain to it)".
11. The subdivider shall dedicate land or pay a fee in lieu thereof for purposes
of park and recreational facilities (Quimby Act) in accordance with the Subdivision Map
Act.
ROADS, DRIVEWAYS, UTILITIES, WATER QUALITY
Roads
12. Show that a full 50- foot wide roadway easement exists along Crest Road
East.
Driveways and Trails
13. If trails are required by the RHCA they shall be dedicated to the RHCA
and shown on the Final Map.
14. Driveways serving private property shall meet Fire Department standards
for access.
Utilities
15. Utility lines, including but not limited to electric, communications, and
cable television, shall be placed underground prior to receiving final map approval
from the City Council. The subdivider shall be responsible for complying with this
requirement, and shall make the necessary arrangements with the utility companies for
the installation of such facilities. All appurtenant and associated equipment such as, but
not limited to transformers, meter cabinets and other facilities shall be placed
underground, unless the affected - utility company determines that placement of its
facilities underground is not technically feasible. The subdivider may request a waiver
from this requirement, by providing a letter to the City from the utility companies
explaining the reason(s) why the undergrounding of the appurtenant facilities is not
feasible.
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16. All other required improvements shall be completed. If such
improvements, other than undergrounding of utilities, are not completed before a final
map is approved, the subdivider shall enter as contractor into an agreement with the
City to complete the improvement no later than thirty-six months after recording the
final map or such other time as determined by the City Council at the time the final map
is approved.
17. Any utilities that are in conflict with the development shall be relocated at
the developer's expense.
Water Services
18. The subdivision/ project shall conform to the design standard and polices
of the Fire Department and the California Water Co., in particular, but not limited to the
following items:
(a) Water services shall be provided by and a "water availability certificate" signed
by California Water Service. All lots shall be served by adequately sized water system
facilities, which shall include fire hydrants of the size, type and location as determined
by the Fire Chief.
(b) Prior to the filing of the final map, there shall also be on file with the City
Engineer, a statement from the water purveyor indicating subdivider compliance with
the Fire Chief's fire flow requirements.
(c) A water system maintained by the water purveyor, with appurtenant facilities to
serve all lots in the project, must be provided. The system shall include fire hydrants of
the type and locations (both on-site and off-site) as determined by the Los Angeles
County Fire Department. The water mains shall be sized to accommodate the total
domestic and fire flows required for the land division. Fire flows required are to be
determined by the Fire Chief and may include the demand for fire sprinklers.
(d) Fire hydrants shall be provided and located in accordance with Los Angeles
County Fire Department requirements and standards.
(e) Easements shall be granted to the appropriate agency or entity for the purpose of
ingress, egress, construction and maintenance of all infrastructures constructed for this
land division to the satisfaction of the City Engineer.
(f) Plans and specifications for the water system facilities shall be submitted for
approval to the water company serving this land division. The subdivider shall submit
an agreement and other evidence, satisfactory to the City Engineer, indicating that the
subdivider has entered into a contract with the servicing water purveyor guaranteeing
payment and installation of the water improvements.
Geotechnical Engineering & Engineering Geology
19. A geological and geotechnical report shall be submitted to the City
Engineer showing feasibility for development of a single family residence and a stable
on each lot.
Grading and Drainage
20. Grading and drainage will be addressed at the grading and construction
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plan check stage, according to the Covenant descried in Subparagraph 10 above.
Los Anizeles County Fire
21. The private driveways shall be indicated on the final map as "Private
Driveway and Fire lane" with the widths clearly depicted. Driveways shall be
maintained in accordance with the Fire Code.
22. This property is located within the area described by the Fire Department
as "Very High Fire Hazard Severity Zone". A "Fuel Modification Plan" shall be
submitted to the Fire Department prior to final map clearance.
23. Locate all existing or proposed fire hydrants on the plans. Fire hydrants
shall be placed as required by the Fire Department.
Sevtic Svstem: Los Angeles County Department of Public Health
24. Prior to recordation of the final map, the owner shall provide satisfactory
evidence to the City Engineer of a percolation test indicating acceptable conditions for
the future onsite wastewater treatment system on each lot in accordance with Los
Angeles County Environmental Health Onsite Wastewater Treatment System
requirements. Such approval shall be obtained prior to the recordation of the
subdivision.
C. THE FOLLOWING CONDITIONS AND MITIGATION MEASURES SHALL BE
IMPLEMENTED PRIOR TO, WHERE APPLICABLE, AND DURING THE GRADING
AND DEVELOPMENT ACTIVITIES FOR THIS SUBDIVISION:
1. At the time of submittal for discretionary permits for construction the
developer shall comply with all of the requirements of the City of Rolling Hills
Municipal Code. The City reserves the right to impose additional conditions.
2. Each of the two new primary driveways shall have a 26 -foot wide apron,
which will taper to a 20 -foot wide driveway and have a slope of 7% for the first 20 -feet
at the entry off Crest Road and 12% at the steepest point, or as required by the Fire
Department. The first twenty feet of the apron / driveway shall be roughened.
3. The grade of access to the stable and corral areas shall not be greater than
twenty-five (25) percent.
4. The turn around area on the top of each driveway shall be no less than 64
feet in diameter. The turn around shall be designed, constructed and maintained to
insure their integrity for Fire Department use.
5. The applicant shall obtain State Construction Activity Permit and meet all
of the requirements of the National Pollution Discharge Elimination System (NPDES)
permit pertaining to construction activities prior to obtaining grading permit. The
applicant shall meet the water quality requirements for the State Permit and the City's
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Low Impact Development Ordinance and prepare the appropriate plans, which shall be
reviewed by the City Engineer and planning staff.
6. Each parcel is dependent upon the use of individual private sewage
disposal systems, which shall be constructed to the standards of the Los Angeles
County Public Health Department. Results from percolation testing conducted for the
tentative parcel map application may be used in the future study, if the proposed
dispersal field or seepage pit will be in the same location where tests were conducted
and referenced in updated geology report, except when significant changes in geology
and/or changes in percolation testing procedures have occurred after the date of the
testing required for this application.
7. Vehicular access must be provided and maintained serviceable
throughout construction to all required fire hydrants. All required fire hydrants shall
be installed, tested and accepted by the Fire Department, prior to issuance of a final
inspection for the grading of this project.
8. If required by the Fire Department, fire hydrants shall be protected by
bollards.
9. The Water Company shall verify fire flow.
10. A grading and drainage plan must be provided for each lot having an
independent drainage system to the satisfaction of the City Engineer. Any proposed
development shall be required to have a drainage system, which is designed pursuant
to the recorded Drainage Covenant, described in Subsection B, paragraph 10 above.
11. In addition to the design of the drainage system specified in the Drainage
Covenant, the design of discharge from the lots, to the maximum extent practicable,
shall be subject to the City's Low Impact Development Ordinance and the retention
requirement contained on the parcel map for a 25 year storm flow, pursuant to Chapter
8.32 of the Rolling Hills Municipal Code.
12. The property owner shall repair any broken or damaged pavement on
streets abutting the subdivision, if determined that it resulted from the development on
any of the proposed lots.
13. Prior to occupancy an approved building address shall be provided to the
Fire Department and other appropriate agencies.
14. Dust and Exhaust Controls: During construction the project shall conform
with South Coast Air Quality Management District, Los Angeles County and local
ordinances and engineering practices by using dust control measures to stabilize soil
from wind erosion and reduce construction -generated dust construction activities,
including but not be limited to the following:
a. Air Quality:
• Water the site twice daily including any stockpiled dirt
• Apply non-toxic soil stabilizers to inactive graded areas
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• Periodically clean roads at the end of day if visible soil is carried onto paved roads
adjacent to the site. If a water sweeper is used, it shall used reclaimed water
• Install wheel washers where vehicles enter and exit the construction site onto paved
roads or wash off trucks and any equipment leaving the site each trip
• Appoint a construction relations officer to act as community liaison for on-site
construction activity including resolution of issues related to PM10 dust generation
• All trucks hauling dirt, sand, soil, or other loose materials shall be covered
• Traffic speed limits shall be observed at all times
• The applicants shall explore the feasibility of using reclaimed water, if available, for all
of their watering requirements during construction.
b. A High Wind Response Plan shall be developed and implemented before
commencement of grading activities, subject to City review and approval per SCAQMD
Rule 403 for times when wind speeds exceed 25 mph.
c. Heavy construction equipment shall be properly tuned and maintained to reduce
emissions. Construction equipment shall be fitted with the most modern emission
control devices.
d. The project shall comply with Rule 461, which establishes requirements for vapor
control from the transfer of fuel from the fuel truck to vehicles, if applicable, both
during construction and subsequent operations.
e. Provide temporary traffic controls such as a flag person during delivery of heavy
equipment or building materials to maintain smooth traffic flow.
f. Use electricity from power poles rather than temporary diesel or gas generators;
g. Reroute haul trucks away from congested streets or sensitive receptor areas;
h. No vehicles shall idle in excess of five minutes, both on-site and off-site.
15. Biological Resources
A Biological Resources Assessment Study was prepared for the proposed project. The
consultant found that the area that would be affected by grading and construction is
mostly disturbed and supports few native plant species and therefore the potential for
the project to have substantial adverse impact on biological resources is limited.
However, they recommended that prior to issuance of grading permit, the applicant
conduct a survey for sensitive plans, as some are annuals and may be present only in
certain seasons.
They also found that based on the literature and the comments from the Department of
Fish and Wildlife the project could have adverse impacts on jurisdictional waters and
number of sensitive animal species. They found that the project may support protected
nesting birds; therefore the consultants recommend that grading occur outside the peak
bird nesting season (February -September) or precaution should be taken if the clearing
of vegetation and grading activities are necessary during that period.
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The consultant found that although there is very limited vegetation to support two
federally endangered animals, the Palos Verdes butterfly and the coastal California
gnatcatcher, a survey for the host plans should be undertaken to ensure that the species
is not inadvertently impacted.
Based on the above, prior to issuance of grading permit, the applicant shall comply with
the conditions enumerated in the Mitigation Monitoring and Reporting Program,
attached herein as Exhibit A and made a part thereof.
16. Archeological Resources
Resource Identification: Should significant unique archaeological
resources be found during the grading or construction within the project, the
construction shall cease and the applicant at his sole expense shall hire an archeologist
to assess the resources. The City of Rolling Hills shall approve of the archeologist. The
archeologist shall establish procedures for archaeological resource surveillance, and
shall establish, in cooperation with the project proponent procedures for temporarily
halting or redirecting work to permit the sampling, identification, and evaluation of the
artifacts as appropriate. If additional or unexpected unique archaeological features are
discovered, the archaeologist shall report such findings to the project proponent and to
the City Manager. If the archaeological resources are found to be significant, the
archaeological observer shall determine appropriate action, in cooperation with the
applicant, for exploration and/or salvage.
17. Hazards Construction BMPs: Best Management Practices shall be
maintained at all times during demolition, relocation, renovation and construction of
project elements. At a minimum, the BMP program shall include protection of the
canyon below the project site, and implement in the construction process sediment
controls and sediment tracking controls (street sweeping or tire baths before exiting the
site), designated storage of all construction materials outside the path of storm flows,
disposal of construction wastes in appropriately -rated landfills, standby BMPs that can
be implemented within 24 --hours of a predicted storm, minimizing the footprint of
construction zones and prompt installation of erosion controls; stabilizing disturbed
soils and slopes with landscaping, paving or reseeding to reduce or eliminate erosion;
perimeter damage controls to direct runoff around construction areas;
detention/ infiltration ponds for direct percolation of sediment -laden waters on the site;
and bid specifications that require regular inspection and maintenance of equipment
during construction.
18. Demolition Debris: Pursuant to the City's Construction and Demolition
Ordinance, minimum of 50% of construction and demolition debris generated from
project construction shall be recycled or diverted from landfills and verification
provided to the City.
19. Noise:
A. Hours of Operation: Although approval of the project will result in
intermittent loud noise levels during grading operation and construction the noise will
be temporary. During construction, the property owners shall be required to schedule
TPM 72775 13
Reso. 2015-11
and regulate construction activities including related traffic, and therefore limit noise
throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday
only, when construction and mechanical equipment noise is permitted so as not to
interfere with the quiet residential environment and normal flow of traffic of the City of
Rolling Hills.
B. Mufflers: The contractor shall be required to install on all vehicles and
construction equipment properly maintained and operating mufflers and other state
required noise attenuation devices.
C. Equipment Operation: During grading and construction operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining right-of-
way before or after the permitted hours of operations.
20. The above conditions number 1 through 19 shall be implemented prior to
the issuance of a grading permit, where applicable and/or during construction.
1 hu THIS 19'h DAY OF MAY 2015.
ATTEST:
49mi
HEIDI LUCE, CITY CLERK
TPM 72775 14
Reso.2015-11
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS }
I certify that the foregoing Resolution No. 2015-11 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF A VESTING TENTATIVE PARCEL MAP NO. 72775,
SUBDIVISION NO. 94, A REQUEST TO SUBDIVIDE A 7.05 ACRE
VACANT LOT ON CREST ROAD EAST INTO TWO SINGLE FAMILY
RESIDENTIAL LOTS, AND RECOMMENDING APPROVAL OF THE
MITIGATED NEGATIVE DECLARATION, IN ZONING CASE NO.
869, LOT 132 -A -MS ON CREST ROAD EAST, (HYNES).
was approved and adopted at a regular meeting of the Planning Commission on May
19, 2015 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.*
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
CITY CLERIC
*A vacancy exists on the Planning Commission.
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Reso. 2015-11
IO:I:IIc10W41
Mitigation Monitoring and Reporting Program
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Reso. 2015-11
Table 1
Mitigation Monitoring and Reporting Program Matrix
Mitigation Measure
Biological Resources
Mitigation Measure (Bio) IVA: Prior to the issuance of a
grading permit, the Applicant, or successor in interest shall
conduct afield delineation for jurisdictional waters. If the
project would affect any waters or riparian habitats under the
jurisdiction of USACE (US Army Corps of Engineers), CDFW
(California Fish and Wildlife) and/or RWQCB (Regional Water
Quality Control Board), then the appropriate permit and
agreements must be obtained from the applicable agency or
agencies prior to issuance of the permit.
Mitigation Measure (Bio) IV -2: The Applicant, or successor in
interest shall, prior to the start of construction (issuance of
grading permit), conduct a survey for sensitive plants. The
survey shall include one or more visits to areas of suitable
habitat for the sensitive plants that may occur at the project
site (Atrplex pacifrca, A. serenana var. davidsonii,
Crossosoma califronicum, Pentachaeta lyonii, Phacelia
sfellads, and Symphyotrichum defoliatum) during time periods
when each species is detectable. Sensitive plants should be
avoided wherever possible, during construction. If Lyon's
pentachaeta or any other threatened or endangered plant is
detected, coordination with USFWS or CCDFW (as
applicable) should be undertaken to identify measures to
avoid impacts, or obtain an incidental take permit, if required.
Mitigation
Mitigation Responsible Measure
Monitoring Timing Monitoring Entity Complete? Effectiveness
Prior to issuance of Department of
grading permit Planning City of
Rolling Hills and
USACE, CDFW,
RWQCB
Prior to issuance of Department of
first construction Planning City of
(grading) permit Rolling Hills and
USFWSICCDFW
Mitigation Measure
Mitigation Measure (Bio) IV -3: The Applicant, or successor in
interest shall perform clearing of vegetation and construction
outside the peak bird nesting season, which generally runs
from February 1 to September 1. If project construction is
necessary during the bird breeding season, the Applicant
shall provide a qualified biologist with experience who shall
conduct weekly -survey's for nesting birds starting three days
prior to the start of construction, including vegetation clearing
or trimming. (SWCA check). If an active nest of an MBIA
(Migratory Bird Treaty Act) -protected bird is identified, a
buffer shall be established between the construction activities
and the nest so that nesting activities are not interrupted. The
buffer width shall generally be 300 feet (500 feet for raptors),
be delineated by temporary fencing, and remain in effect as
long as construction is occurring or until the nest is no longer
active. No project construction shall occur within the fenced
nest zone until the young have left and would no longer be
impacted by the project. Reductions in the nest buffer
distance may be appropriate depending on the avian species
involved, ambient levels of human activity, screening
vegetation, or possibly other factors.
Mitigation Measure (Bio) IV -4. The Applicant, or successor in
interest should, prior to the issuance of a grading permit,
commission a survey for host plants of the Palos Verdes blue
butterfly (Astragalus trichopodus var. lonchos) and (Acmispon
glaber) shall be conducted prior to construction. If either host
plant is present, a qualified biologist shall conduct surveys for
Palos Verdes blue butterfly according to the USFWS survey
protocol. If the species is determined to be present,
Mitigation Responsible
Monitoring Timing Monitoring Entity
Prior to start of
construction
Prior to issuance of
first construction
(grading) permit
Department of
Planning City of
Rolling Hills
Department of
Planning City of
Rolling Hills
Mitigation
Measure
Complete? Effectiveness
IR
Mitigation Measure
coordination with USFWS must be undertaken to identify
what, if any, avoidance, minimization and mitigation measures
are necessary, and an incidental take permit shall be
obtained if required.
Mitigation Measure (Bio) IV -5: The Applicant, or successor in
interest shall have performed a survey for coastal California
gnatcatcher by a qualified biologist prior to the issuance of a
grading permit. As part of the survey, suitable habitat for the
species shall be mapped with regard to the primary
constituent elements required by the species. If the species is
determined to be present, or it is determined that the project
would adversely modify suitable habitat, USFWS shall be
contacted to determine the appropriate actions, which may
require an incidental take permit.
Mitigation Measure (Bio) IV -6: If construction activities
including grading, transport of equipment and supplies, and
vegetation trimming or removal occur between October 1 and
February 28, then the Applicant, or successor in interest shall
commission a qualified biologist who shall conduct a survey
for wintering aggregations of monarch butterflies no more
than 14 days prior to the start of construction. If a wintering
aggregation of 100 or more monarch butterflies is observed,
then activities within 100 feet of the roost shall be avoided
until the wintering season is over or the roost disperses on its
own to a different location. If the species becomes listed as
threatened pursuant to the ESA (Endangered Species Act)
prior to the completion of the project, then USFWS shall be
contacted before conducting any activities that might impact
monarch butterflies.
Mitigation Responsible
Monitoring Timing Monitoring Entity
Prior to issuance of Department of
first construction Planning City of
(grading) permit Rolling Hills and
USFWS
Prior to start of Department of
construction (pre Planning City of
grading permit) Rolling Hills and
USFWS
Mitigation
Measure
Complete? Effectiveness