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PC RES 2009-029 P.C. RESOLUTION NO. 2009-2 RESOLUTION F THE IN COMMISSION F THE CITY OF RANCHO PALOSVERDES CONDITIONALLY APPROVING HEIGHT VARIATION, GRADIN PERMIT AND CONDITIONAL USE PERMIT (PLANNING CASE ® 2 07® 0593) FOR THE CONSTRUCTION NEW, 5,381-SQUARE-FOOT, 2-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHEDSECOND DWELLING UNIT AND 245CUBIC YF RELATED GRADING, LOCATED AT 5 CAYUSE LANE WHEREAS, on December 10, 2007, the applicant, Laura Goddard, submitted an application for Planning Case No. ZON2007-00593 for a Height Variation, Grading Permit and Conditional Use Permit to allow the construction of a neve, 2-story single-family residence with an attached second dwelling unit on a vacant lot off Cayuse Lane near Bronco Road; and, WHEREAS, on June 17, 2008, the application for Planning Case No. ZON2007-00593 was deemed complete by Staff; and, 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), Staff found no evidence that the denial of the requested Height Variation, Grading Permit and Conditional Use Permit would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on July 22, 2008, and August 12, 2008, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on August 12,2008,the Planning Commission reviewed the applicant's proposal for a new 6,486-square-foot 2-story single-family residence and attached second dwelling unit and Staff's recommendation of denial without prejudice on the basis of neighborhood incompatibility and privacy impacts directed the applicant to re-design the project to address the size and scale, architectural style, apparent bulk and mass and privacy impacts of the house; agreed with the applicant to a 90-day extension of the decision deadline under the Permit Streamlining Act; and continued the public hearing to October 14, 2008; and, WHEREAS, on October 13,2008,the applicant submitted revised project plans that increased the overall size of the structure by twenty-one square feet (21 SF); shifted the structure southwesterly on the lot; modified its architectural style, materials and roof design; and reduced the total grading quantity to two hundred forty-five cubic yards (245 CY); and, WHEREAS, on October 14, 2008, the Planning Commission continued the public hearing in this matter to October 30, 2008, without discussion; and, WHEREAS, on October 30, 2008, the Planning Commission reviewed the applicant's revised proposal for a new 6,507-square-foot 2-story single-family residence and attached second dwelling unit and Staff's recommendation of denial without prejudice on the basis of neighborhood incompatibility; and adopted P.C. Resolution No. 2008-40, thereby denying the requested Height Variation, Grading Permit and Conditional Use Permit without prejudice; and, WHEREAS, on November 10, 2008, Dr. Goddard filed a timely appeal of the Planning Commission's action to the City Council; and, WHEREAS, on December 3, 2008, Dr. Goddard submitted revised plans to accompany her appeal that reduced the overall size of the project to 5,911 square feet to address the issues of neighborhood compatibility, which was the basis for the Planning Commission's denial, and; WHEREAS, at a duly-noticed public hearing on February 3, 2009, the City Council considered Dr. Goddard's appeal, took no action on the appeal due to the revised plans, and remanded the matter to the Planning Commission for reconsideration; and, WHEREAS, after paying application revision fees and submitting revised plans to Staff, the revised application for Planning Case No. ZON2007-00593 was deemed complete by Staff on February 16, 2009; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code,the Planning Commission held a duly-noticed continued public hearing on the reconsideration of the revised project on March 24, 2009, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on March 24, 2009,the Planning Commission reviewed the applicant's revised proposal for a new 5,911-square-foot, 2-story single-family residence and attached second dwelling unit and Staffs recommendation of conditional approval; directed the applicant to re-design the project to further address the size and scale, and apparent bulk and mass of the house; agreed with the applicant to a 90-day extension of the decision deadline for the revised proposal under the Permit Streamlining Act; and continued the public hearing to April 28, 2009; and, P.C. Resolution No. 2009-29 Page 2 of 14 WHEREAS, on April 9, 2009, the applicant submitted revised project plans that reduced the overall size of the structure by five hundred thirty square feet (530 SF) and increased the front setback by sixteen feet two inches (16'-2"); and, WHEREAS, on April 28, 2009, the, Planning Commission reviewed the applicant's second revised proposal for a new 5,381-square-foot, 2-story single-family residence and attached second dwelling unit; indicated by a "straw poll"that the majority of the Planning Commission found the reduced size and scale of the project acceptable; directed the applicant to re-design the project to further address apparent bulk, mass and privacy impacts upon abutting properties at 1 Cayuse Lane and 7 Cayuse Lane;and continued the public hearing to June 23, 2009; and, WHEREAS, on May 5, 2009, Staff met on the project site with the applicant's architect and interested neighbors to discuss further revisions to the proposed project; and, WHEREAS, on May 13, 2009, the applicant submitted revised project plans that shifted the house eight feet (8'-0") back toward the north; shifted the attached second dwelling unit to the center rear of the house; eliminated 2nd-floor windows on the easterly facade; lowered the floor level of the master bedroom suite and deck on the west side of the house by a foot; and reduced the overall height of the house by a foot; and, WHEREAS, on June 23, 2008, the public hearing in this matter was continued without discussion to July 14, 2009, due to unforeseen circumstances. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for a Height Variation to allow the construction of a 5,381-square- foot, 2-story single-family residence on the subject property: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 26% of the property owners within a 500-foot radius of the subject property and 78% of the property owners within a 100-foot radius of the subject property. B. The proposed structure that is above sixteen feet in height does not significantly impair a view from public property(parks, major thoroughfares, bikeways,walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas because the subject property is not directly overlooked by any park, major thoroughfare, bikeway, walkway or equestrian trail identified in the City's General Plan as a City-designated viewing area. P.C. Resolution No. 2009-29 Page 3 of 14 C. The proposed structure is not located on a ridge or promontory; rather, the subject property is a graded pad lot surrounded by similar pad lots that were all created when the neighborhood was originally graded and developed in the late 1950s to early 1960s. D. The proposed new structure that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. As a result of the mailed and published notices and the temporary silhouette,the City received no objections to the proposed project on the basis of view impacts. The existing pad elevation is roughly thirty feet(30'-0")below Bronco Drive, while the homes across Bronco Drive to the south of the site are on pads that are roughly forty feet (40'-0") higher than Bronco Drive such that the proposed project has no impacts upon northerly views of city lights, downtown Los Angeles and the San Gabriel Mountains. In addition, the Planning Commission finds that the views from the viewing areas of the nearest abutting residences at 1 Cayuse Lane and 7 Cayuse Lane would not be significantly impaired by the revised project. E. There is no significant cumulative view impairment caused by granting the application. Similar additions to the abutting residences at 1 Cayuse Lane and 7 Cayuse Lane would result in no view impairment for upslope properties on the south side of Bronco Drive. F. The proposed structure complies with all Code requirements, including the RS-2 zoning district development standards with respect to lot coverage and setbacks for City-created lots, and the off-street parking requirements for single-family residences. G. The proposed structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, including total square footage and lot coverage of the residence; architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials; and front-, side-, and rear-yard setbacks. The revised project will result in a 5,381-square-foot overall structure size, which is 2,138 square feet (or 68%) larger than the average home and 104 square feet (or 2%) smaller than the largest home. Although the revised residence would be the second largest home in the immediate neighborhood, it would be one thousand one hundred twenty-six square feet(1,126 SF)smallerthan the project that was previously denied by the Planning Commission. The revised project now employs an architectural style and roof form that is more compatible with the surrounding ranch-style and split-level homes, including the use of horizontal siding and stone veneer that help to reduce the verticality of the exterior elevations. The revised residence exceeds all of the minimum setback requirements for the RS-2 zoning district and complies with the 40-percent lot P.C. Resolution No. 2009-29 Page 4 of 14 coverage limitation,which is consistent with the established pattern of setbacks and development in the immediate neighborhood. H. The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences. The upper-level west facade facing 1 Cayuse Lane has a narrow deck and French doors that primarily overlook the driveway and garage, and the floor level of this deck has been lowered by a foot. The upper-level east facade facing 7 Cayuse Lane includes no windows and a solid barrier will be provided on in the easterly end of the small deck off the family room. The upper-level north facade facing 3 Cayuse Lane and 9 Cayuse Lane includes windows, French doors and a small deck off the family room. These features do not overlook the primary outdoor living area at 3 Cayuse Lane but they do provide some visibly of the rear yard at 9 Cayuse Lane. Therefore, the 42-inch-tall safety railing of the deck will be required to be solid rather than open and/or transparent in order to limit downward views onto the abutting property at 9 Cayuse Lane. Section 2e The Planning Commission makes the following findings of fact with respect to the application for a Grading Permit for 245 cubic yards of grading for the construction of the proposed single-family residence on the subject property: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. Based upon the underlying RS-2 zoning designation, the primary permitted use of the property is for single-family residential development. The building pad is being lowered about a foot within the building footprint, but most of proposed grading is for the side yard retaining wall and motorcourt area, and to widen the existing driveway that is shared with 1 Cayuse Lane. This grading is necessary to improve vehicular access and provide adequate back-up area for the proposed garages. B. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with nor the views from the "viewing area" of neighboring properties. In cases where grading is proposed for anew residence or an addition to an existing residence, this finding shall be satisfied when the proposed grading results in a lower finished grade under the building footprint such that the height of the proposed structure, as measured pursuant to Section 17.02.040(8) of this Title, is lower than a structure that could have been built in the same location on the lot if measured from preconstruction (existing) grade. As discussed above in the Height Variation findings, the proposed project has no impacts upon views from the viewing area of any nearby residences. Furthermore, the proposed grading would lower the grade within the building footprint such that the maximum height of the new residence will be lower than it could have been without the proposed grading. P.C. Resolution No. 2009-29 Page 5 of 14 C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The "natural" contours of the subject property are the result of the grading of the lot when the neighborhood was originally developed in the late 1950s to early 1960s. With the exception of the building footprint and the motorcourt area, the remainder of the property will largely retain its original graded contours, including the steep slope ascending to Bronco Road at the rear of the lot. 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. There is no evidence that any significant natural topographic features will be disturbed or destroyed by the proposed grading. E. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character. As discussed above in the Height Variation findings, Staff believes that the revised residence is compatible with the character of the immediate neighborhood in terms of the project's size, scale, bulk, mass and other characteristics. F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas, is not applicable to the proposed project. G. The required finding that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside is not applicable to the proposed project. H. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. There is no evidence that any natural landscape or wildlife habitat will be disturbed or destroyed by the proposed grading. I. The grading conforms with the minimum standards for finished slope, upslope retaining wall location and driveway slope established under Section 17.76.040(E)(8) of the Development Code. J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development Code, the proposed 9Y2-foot depth of cut is reasonable and necessary. Grading down the pad allows the residence to be lower that it would otherwise be within the proposed grading. The grading also helps to improve site access by widening the existing driveway and providing adequate back-up room for the garage. P.C. Resolution No. 2009-29 Page 6 of 14 K. The proposed grading deviates from City standards regarding the height of the upslope retaining walls in the westerly side yard adjacent to the driveway. Such deviation may be granted based upon the following additional findings: 1. The criteria of subsections (E)(1)through (E)(8)of Section 17.76.040(E)are satisfied. As discussed above in the Grading Permit findings, all of the criteria (E)(1) through (E)(8) are satisfied by the revised project. 2. The approval is consistent with the purposes set forth in subsection A of Section 17.76.040. Among the stated purposes of the City's grading regulations are to "[permit] reasonable development of land..."; to "[ensure] that the development of each parcel of land...occurs in a manner harmonious with adjacent lands..."; and to "[ensure] that each project complies with the goals and polices of the General Plan...." The proposed grading is consistent with these purposes because it will allow for the reasonable development of a legal lot in an established residential neighborhood. This will be consistent with the Residential 1-2 DU/acre land use designation for the area. 3. Departure from the standards in subsection (E)(9) of Section 17.76.040(E) will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. The height of the 9.25-foot-tall upslope retaining wall adjacent to the motorcourt is necessary to provide adequate back-up area for the proposed garages. Given the topography of the immediate neighborhood, it is not unusual to find retaining walls along driveways and motorcourts to provide and improve vehicular access. A review of aerial photographs of the immediate neighborhood shows that some surrounding properties appear to have similar retaining walls. In addition, the wall will primarily be visible only from the applicant's property. 4. Departure from the standards of subsection (E)(9) of Section 17.76.040(E) will not be detrimental to the public safety nor to other property. The applicant will be required to obtain a building permit for the proposed retaining wall and grading, subject to the review of the City's Building Official and geotechnical consultant. The City's geotechnical consultant has already reviewed and conceptually approved a geotechnical report for the proposed project. 5. Notice of such decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given to only the applicant. Any interested person may appeal the Director's decision to the Planning Commission and the Planning Commission decision to the City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of Title 17 (Zoning). Public notification of all adjacent property P.C. Resolution No. 2009-29 Page 7 of 14 owners is required for Planning Commission-level approval of a major grading application whenever it is necessary to make the exception findings under RPVDC Section 17.76.040(E)(10). Therefore, public notification of the approval of this application would be provided to the applicant, her architect and engineer, the owners of the adjacent properties and all other interested parties. Section 3: The Planning Commission makes the following findings of fact with respect to the application for a Conditional Use Permit for a 1,138-square-foot, 2-story attached second dwelling unit as a part of the proposed single-family residence on the subject property: 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 Title 17 (Zoning)or by conditions imposed under Section 17.60.050 to integrate said use with those on adjacent land and within the neighborhood. The proposed project is consistent with all of the RS-2 district development standards, and the subject lot is slightly larger than the minimum 20,000-square-foot requirement of the RS-2 district. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. The project site takes access from Cayuse Lane via a common private driveway. As a part of the proposed grading permit, the applicant will be providing new access off this private driveway. The proposed second dwelling unit will be ancillary to the primary use of the property as a single-family residence. Although the project will generate more daily trip ends than one (1) single-family residence would (i.e., ten (10)trips, based upon the Los Angeles County trip generation standards), the combined trip ends for the primary and second dwelling unit are expected to total less than twenty (20) daily trips since some concurrent trips for both units—such as for mail delivery or utility services—would likely occur. C. In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. The proposed second dwelling unit complies with all of the development standards of the RS-2 zoning district, and with all but one (1) of the development standards for a second dwelling unit. The only deviation requested is due to the fact that public sanitary sewers are not available to the subject property. As a part of the conceptual geotechnical review of the project, the applicant was required to demonstrate to the City's geotechnical consultant that the site is adequate to accommodate a private sewage disposal (i.e., septic) system capable of serving both the primary unit and second dwelling unit. The City's geotechnical consultant has granted conceptual approval of the proposed project. Also, as discussed above in the Height Variation P.C. Resolution No. 2009-29 Page 8 of 14 findings, the second dwelling unit portion of the project has no view or privacy impacts upon surrounding properties. D. The proposed use is not contrary to the General Plan. It is a goal of the Urban Environment Element of the General Plan "to preserve and enhance the community's quality living environment;to enhance the visual character and physical quality of existing neighborhoods; and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community." Furthermore, the City's General Plan Housing Element lays out goals, policies, programs and strategies to ensure the provision of decent and affordable housing to a wide range of household types and income levels. Housing Program Category No. 1 calls upon the City to "identity adequate sites for a variety of housing types," with a goal of "[designating] sites that fully meet the housing needs of all income groups as quantified by SCAG's Regional Housing Needs Assessment." Among the stated policies to implement this goal is "[promoting] the development of second units to address the needs of the moderate income group." According to the Housing Element, "second units can provide additional income to homeowners, allow homeowners requiring companionship or non-specialized assistance to remain in the home, facilitate family ties between generations, and provide rental housing at low construction costs." E. The required finding that, if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of Title 17 (Zoning), the proposed use complies with all applicable requirements of that chapter, is not applicable because the subject property is not located within an overlay control district. F. Conditions regarding any of the requirements listed in this paragraph, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed: setbacks and buffers;fences or walls; lighting; vehicular ingress and egress; noise, vibration, odors and similar emissions; landscaping; maintenance of structures, grounds or signs; service roads or alleys; and such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in Title 17 (Zoning). Specific conditions related to the second dwelling unit will include maintenance of one (1) off-street garage parking space for the second dwelling unit and recordation of a covenant to the title of the subject property, memorializing the ownership and occupancy requirements for the second dwelling unit. Section 4: 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)(j), 17.60.060 and 17.76.040(H)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than P.C. Resolution No. 2009-29 Page 9 of 14 fifteen (15) days following July 14, 2009, the date of the Planning Commission's final action. Section 5: 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 conditionally approves a Height Variation, Grading Permit and Conditional Use Permit (Planning Case No. ZON2007- 00593) for the construction of a new, 5,381-square-foot, 2-story single-family residence with an attached second dwelling unit and 245 cubic yards of related grading, located at 5 Cayuse Lane, subject to the conditions of approval in the attached Exhibit 'A'. PASSED,APPROVED,AND ADOPTED this 14 th day of July 2009, by the following vote: AYES: Commissioners Perestam, Ruttenberg, Tetreault and Tomblin, Vice Chairman Gerstner NOES: Commissioner Knight and Chairman Lewis ABSTENTIONS: none ABSENT: none RECUSALS: none rey is is Irm eL AZirm Fn / Joel0j s, AICU I Dire for of Plan g, Building and Ue Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2009- 29 Page 10 of 14 X I ITS CONDITIONS F APPROVAL FOR PLANNING CASE NO. ZON2007-00593 (Goddard, 5 Cayuse Lane) General Conditions: 1. Priorto the submittal of plans into Building and Safety plan check,the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. 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. 3. This approval is for a new, 5,381-square-foot 2-story single-family residence and attached second dwelling unit and 245 cubic yards of related grading on a vacant lot. The Director of Planning, Building and Code Enforcement 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. Otherwise, any substantive change to the project shall require approval of a revision to the Height Variation, Grading Permit and/or Conditional Use Permit by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-2 district development standards of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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 Department of Planning, Building and Code Enforcement and approved by the Director. P.C. Resolution No. 2009-29 Page 11 of 14 Otherwise, a Height Variation, Grading Permit and/or Conditional Use Permit revision must be approved prior to further development. 7. 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. 8. 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. 9. 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. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through 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. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. Height Variation Conditions: 11. This approval is for a 5,381-square-foot, 2-story single-family residence, which includes a 730-square-foot 3-car garage and a 1,138-square-foot attached second dwelling unit. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 12. The maximum ridgeline of the approved project is 25.00'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 13. The approved residence shall maintain setbacks of 37.50' front, 78.16' rear, 25.0' west side and 11.0' east side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 14. The approved project shall maintain a maximum of 40% lot coverage (27.2% proposed). P.C. Resolution No. 2009-29 Page 12 of 14 15. A minimum 3-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance. 16. Notwithstanding the revised plans, the 42-inch-tall safety railing on the living-room and master bedroom decks shall be solid rather than open or translucent. In addition, a solid barrier, equal to the width the living-room deck and extending up to the underside of the roof eave, shall be provided along the easterly end of the living- room deck. Grading Permit Conditions: 17. This approval is for two hundred forty-five cubic yards (245 CY) of grading, composed of two hundred forty-five cubic yards (245 CY)of cut and no fill, for a net export of two hundred forty-five cubic yards (245 CY). The maximum depth of cut and fill shall be nine feet six inches (9'-6"). 18. The maximum height of the upslope retaining wall adjacent to the driveway/motorcourt shall be 9.25 feet. 19. The maximum driveway slope shall not exceed twenty percent (20%). 20. All grading and retaining walls shall be subject to the review and approval of the City's Building Official and geotechnical consultant. 21. All site drainage facilities shall be subject to final review and approval by the City's Building Official and City Engineer. 22. The applicant shall be required to conduct site grading in a manner that does not adversely affect existing mature trees and foliage along the property lines on the subject property and the abutting properties at 1 Cayuse Lane and 7 Cayuse Lane. Said trees and foliage shall be protected during construction, in a manner satisfactory to the Director of Planning, Building and Code Enforcement. The existing hedge along the westerly side of the property shall be maintained at a sufficient height and density to provide visual screening of the project from the abutting residence at 1 Cayuse Lane. Conditional Use Permit Conditions: 23. This approval is for a 1,138-square-foot, 2-story attached second dwelling unit as a part of the approved structure. P.C. Resolution No. 2009-29 Page 13 of 14 24. The attached second dwelling unit shall maintain setbacks of 22'-8" from the common property line with 7 Cayuse Lane and 53'-2" from the common property line with 1 Cayuse Lane, as depicted on the approved plans. 25. The applicant shall at all times be responsible for maintaining one (1) space in the enclosed 3-car garage to serve the second dwelling unit. 26. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall submit for recordation a covenant memorializing the ownership and occupancy restrictions for the second dwelling unit, as specified in the Rancho Palos Verdes Municipal Code. M:\Projects\ZON2007-00593(Goddard-Severios,5 Cayuse Ln)\PC Resolution 2009-29.doc P.C. Resolution No. 2009-29 Page 14 of 14