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PC RES 2014-035 P.C. RESOLUTION NO. 2014-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION, GRADING PERMIT, EXTREME SLOPE PERMIT & SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW 4,870 SQUARE FOOT TWO-STORY RESIDENCE, 213 CUBIC YARDS OF GRADING, AN ENTRY DECK THAT EXTENDS A MAXIMUM OF 6'-0" OVER AN EXTREME SLOPE,AND OTHER ANCILLARY SITE IMPROVEMENTS ON AN EXISTING VACANT LOT (APN 7566-006-018) (CASE NO. ZON2011-00280) WHEREAS, on April 21, 1965, Tract Map 27142 was recorded with the County of Los Angeles, thereby creating the subject property along with the other properties within the Miraleste Hills community; and, WHEREAS, on October 10, 2011, the applicant submitted a Height Variation, Grading Permit and Site Plan Review application to the Community Development Department requesting approval of a new 6,105 square foot, two-story residence and garage on an existing vacant lot, including 762 cubic yards of grading; and, WHEREAS, on October 31, 2011, the application was deemed incomplete due to missing information on the project plans; and, WHEREAS, after the submittal of additional information and revised plans reducing the scale of the project and grading, the applicant submitted the last remaining information on October 29, 2013 and November 1, 2013; and, WHEREAS, on November 4, 2014, Staff deemed the project complete; and, WHEREAS, on December 10, 2013, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing at which time all interested parties were given an opportunity to be heard and present evidence. At that time, the Planning Commission found that the proposed project was not compatible with the immediate neighborhood based on the bulk and mass of the proposed structure. Additionally, the Planning Commission found that the proposed grading for the new driveway/motor court and courtyard was excessive. After the applicant agreed to a 90-day extension to the Permit Streamlining Act,which established a new decision deadline of April 3, 2014, the Planning Commission continued the public hearing to February 11, 2014 to allow the applicant the opportunity to redesign the project to address the concerns raised by the Staff and the Planning Commission; and, WHEREAS, on February 11, 2014, the Planning Commission reviewed a revised project,which involved a reduction in the square footage of the residence from 5,597 square feet to 5,203 square feet, reduced amount of overall grading from 712 cubic yards to 466 cubic yards, increased side and rear yard setbacks, and the submittal of an Extreme Slope Permit for a deck to extend over an extreme slope in the front yard of project site. While the applicant attempted to address some of the concerns raised by the Planning Commission, the proposed project continued to result in excessive grading and was not compatible with the neighborhood. As such,the Planning Commission adopted Resolution No.2014-07,denying,without prejudice, the application request, on a 3 to 1 vote with Commissioner Nelson dissenting, and Commissioners Gerstner, Tomblin, and Chairman Emenhiser absent; and, WHEREAS, On February 26, 2014, the applicant (Amir Esfahani) appealed the Planning Commission's decision to the City Council requesting another opportunity to redesign the project to address the Planning Commission's concerns. Given the applicant's desire to further modify the project, the City Council, at its April 16, 2014 meeting, remanded the project back to the Planning Commission for review and consideration; and, WHEREAS, in July and October 2014, revised plans (including an updated geotechnical report)were submitted to the City further reducing the overall size of the project, providing additional setbacks and articulation to the two-story structure, and eliminating the direct access driveway from Knoll View Dr., thereby providing access to the property via a private driveway easement adjacent to the north property line of the subject property. WHEREAS, on October 30, 2014, the revised project was deemed complete for processing; and, WHEREAS, on November 6, 2014, a 30-day public notice for the revised project was sent to 78 property owners within a 500-foot radius of the subject site. Additionally, a public notice was published in the Peninsula News on November 6, 2014; 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 Regulation, 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 ZON2011-00280 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303) since the project involves construction of a new residence on a legally subdivided residential lot; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES 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 4,870 square foot two-story residence: A. The applicant has complied with the Early Neighborhood Consultation process established by the City, and as directed by the Community Development Director, by mailing reduced copies of the project plans and a notice to all landowners within 500 feet of the subject property via registered mail. B. The Height Variation is warranted since the proposed two-story addition that exceeds sixteen feet in height does not significantly impair a view from public property (parks, P.C. Resolution No. 2014-35 Page 2 of 12 major thoroughfares, bike ways,walkways or equestrian trails),which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas. Specifically, due to the location of the property and the topography in the immediate area,the proposed structure is not visible from a public viewing area or viewing site and will therefore, not impair a view. C. The Height Variation is warranted since the proposed two-story addition that exceeds sixteen feet in height is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential neighborhood, on an existing pad lot, zoned for residential development. The residence is not located on a ridge or a promontory, as defined in the Municipal Code. D, The Height Variation is warranted because the portions of the new residence which exceed sixteen feet in height, when considered exclusive of existing foliage, will not significantly impair City-protected views from the viewing areas of neighboring properties. Specifically, properties in the neighborhood which overlook the subject property are at a significantly higher elevation than the pad level of the subject lot, allowing protected viewing areas to continue to have unobstructed views over the proposed new residence and will only block the views of residences or buildings and foliage located down the hillside, which are not protected views. E. The Height Variation is warranted because proposed portions of the new residence that exceed sixteen feet in height are designed to minimize the impairment of a view, as the proposed residence is situated as close to the front of the lot as possible with the current design and at a significantly lower elevation, which allows a better angle over the proposed residence from the upslope neighboring properties. F. The Height Variation is warranted because granting the application would not cause significant cumulative view impairment, as the adjacent parcels located on the same downslope side as the subject parcel have also been constructed with 2-story residences on a pad level that appears to be at the relatively same elevation as the subject lot. G, The Height Variation is warranted as the proposed addition complies with all other Code requirements, including the RS-2 zoning district development standards with respect to lot coverage, property line setbacks, landscaping, and the required garage size for single-family residences that exceed five thousand (5,000) square feet in size. H. The Height Variation is warranted because the proposed residence, as redesigned is compatible with the immediate neighborhood. Specifically,the applicant has redesigned the project to provide undulating facades and articulation around all sides of the residence. Additionally, the applicant has redesigned the proposed driveway to take access from a private driveway easement to along the north side of the residence,which is compatible with other residences found along the east side of Knoll View Dr. Furthermore, the proposed project is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style and bulk and mass. The proposed lot coverage and setbacks are consistent with those of the P.C. Resolution No. 2014-35 Page 3 of 12 surrounding properties. 1. The Height Variation is warranted because the portion of the structure above 16 feet will not result in unreasonable infringement of privacy of the abutting residences. Specifically, the adjacent parcel's privacy will not be impacted any differently than what is already experienced, as each of the properties can be seen from Knoll View Drive over the currently vacant subject lot and the view onto the adjacent lots from proposed 2nd_ story windows, balconies and decks the will not be different from what is currently observed from the street. Section 2: The Planning Commission makes the following findings of fact with respect to the Grading Permit to allow 213 cubic yards of cut and fill A. The grading does not exceed that which is considered necessary for the permitted primary use of the lot. The subject property is located in a residential area designated by the City's Zoning Map as a RS-2 Zoning District. According to the City's General Plan and Development Code, a single family residence is classified as a permitted primary use in the RS Zoning District. As redesigned, the applicant is proposing a total of 213 cubic yards of grading to accommodate the construction of the new residence and ancillary site improvements. Of the total proposed grading, 160 cubic yards of fill is proposed to accommodate the new driveway/motor court, and 10 cubic yards of fill is proposed to shift the natural grade of the property along the south side of the motor court. The remaining grading accommodates a new pool,a level rear yard and a landing for pedestrian access from Knoll View Dr. Additionally, the applicant has utilized the private driveway to access the new residence without significantly altering the desired function of the home. Given the steep slopes that descend from the private driveway to the proposed garage, the retaining walls and fill to accommodate access to the garage will not be apparent from neighboring properties. B. The proposed grading/retaining wall would not cause any significant/adverse visual impacts to other neighboring properties as the proposed retaining wall would not be easily visible from other properties as it will face the interior of the lot. Furthermore, a small portion of the wall that may be slightly visible from the right-of-way will be screened by the landscaping in a planter. C. The grading minimizes disturbance to the natural contours and finished contours are reasonably natural.The existing vacant lot was originally created as part of Tract 27142, with an extreme slope between the street and flat portion of the pad lot. Other neighboring lots east of the Knoll View Dr.exhibit similar topographic configurations,with vehicular access accommodated along shared private driveways that extend eastward from Knoll View Dr. The applicant has significantly reduced the scale of grading to accommodate access from the shared private driveway,as opposed to providing access directly off of Knoll View. As a result, a limited amount of grading (160 cubic yards of fill) is proposed to accommodate the new motor court and access to the garage. Given that a portion of this motor court extends into the existing slope,and would otherwise result in a large retaining wall,the applicant has redirected the contours of the property in a small P.C. Resolution No. 2014-35 Page 4 of 12 portion of the property just south of the motor court. The modified contours would be blended to follow the existing slope and the finished contours are reasonably natural as seen from Knoll View Dr 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. A majority of the proposed project will be located on the existing flat pad of the property with some minor grading in the rear yard to accommodate a new pool and flat, useable rear yard. The majority of the proposed grading would be located along the northwestern side of the new residence and would accommodate the construction of a motor court and access from a private driveway easement to the proposed garage. Given that the property descends approximately 9'-0" from the private easement to the flat pad of the property, the applicant is proposing to raise the finished floor of the garage and fill beneath the motor court to accommodate a raised driveway that accesses the garage. As seen from the private driveway easement and properties to the north,the new driveway on the subject property will appear to be at similar grade elevations as the private driveway easement. The applicant will be maintaining a majority of the extreme slope along the west side of the property, similar to other properties along the east side of Knoll View Dr.Additionally, in order to reduce potential impacts of a raised driveway,the applicant has blended the existing site topography with a man-made slope along the south side of the motor court. E. The grading and/or related construction is compatible with the immediate neighborhood character. The redesigned project addresses past concerns related to bulk and mass by providing undulating facades and additional articulation to the first and second floor facades. Additionally, the applicant has redesigned the project to address the grading concerns related to the construction of the new residence by eliminating the direct access driveway from Knoll View, as the Planning Commission found that a direct access driveway was incompatible with the neighborhood. In order to address this concern, the applicant provided access from a legal, private driveway along the north side of the property. This modified access accommodates a design that is compatible with the immediate neighborhood as most of the homes along the east side of Knoll View Dr. are accessed from private driveway easements that extend eastward from Knoll View Dr. F. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. The applicant has redesigned the project to eliminate driveway access from Knoll View. Instead, similar to other homes along the east side of Knoll View Dr. the applicant has provided access to the property via a legal, private driveway that extends eastward from Knoll View Dr., along the north side of the property. Therefore, as redesigned, the applicant is no longer altering the street design of Knoll View Dr. and is proposing a design that eliminates grading between the existing extreme slope along Knoll View and flat pad portion of the property, and minimizes grading that provides access to the residence along the private driveway, thereby keeping in character of the hillside properties along Knoll View Dr. P.C. Resolution No. 2014-35 Page 5 of 12 & The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation, as there is no evidence of natural landscape or wildlife habitat on the property. H. The grading conforms to the City's standards for height of cut and fill, and heights of retaining walls. Specifically, the proposed grading would not occur on a lot that was created prior to 1975, the proposed grading will not significantly alter the contours of the lot and no finished slopes that exceed 35% will be created. Lastly, the project includes one (1) 3'-5" tall upslope retaining wall and one (1) 3'-0" tall downslope retaining wall. I. The Planning Commission finds that the proposed grading on a slope with a 60% gradient, is permitted due to the following facts: 1)the first eight grading criterion have been met, 2) the request is consistent with the purpose of the Municipal Code, 3) approval of the grading permit will not constitute a special privilege with the limitations upon other properties in the vicinity, 4) departures from the standards of the grading criterion will not be detrimental to the public safety, nor to other property. J. A required Notice of Decision will be given to the applicant and to all owners of property located adjacent to the subject property. Specifically,a Notice of Decision will be given to the following people: 1)29840 Knoll View Dr.,2)29844 Knoll View Dr., 3)29848 Knoll View Dr., 4) 29866 Knoll View Dr., 5) 2957 Knoll View Dr., and 29845 Knoll View Dr. Section 3: The Planning Commission makes the following findings of fact with respect to the Extreme Slope Permit to allow a portion of an entry deck in the front yard to extend a maximum of 6-feet beyond the toe of an extreme slope: B. The Extreme Slope Permit can be supported because the site cannot reasonably accommodate the structure except on an extreme slope because a large portion of the front yard is comprised of an extreme slope and there is a limited amount of useable front yard area to provide access from the street to the residence. Specifically, the subject property is situated where the pad level of the property is located approximately 20 feet below of the street level,with an extreme slope descending from the street to the pad portion of the lot. In order to provide access to the front of the residence,which has been designed with the main public rooms on the upper level, the proposed walkway bridge over a portion of the extreme slope allows a walkway and usable front yard structure that would connect to steps carved into the slope and up to the street. Due to the design of the project,which is located at the toe of the extreme slope,any manner of providing access to the front of the property would involve going over the extreme slope. The site cannot reasonably accommodate the proposed walkway bridge without encroaching over the extreme slope. C, The Extreme Slope Permit will result in no significant adverse effect on neighboring properties in terms of view impairment, visual impact, slope instability, increased runoff and other adverse impact. The proposed walkway bridgbe/deck will be located at the front of the residence, between the proposed new structure and the street. As the P.C. Resolution No. 2014-35 Page 6 of 12 extreme slope descends down to the residence, resulting in a valley-like space between the structure and the public right-of-way, there will be no adverse effects to neighboring properties. The sunken location of the deck will not be in any viewing area though it can be seen from the street, similar to other deck structures found on adjacent properties to provide access to the front of the residence. Furthermore,the deck would be required to obtain all building permits that comply with geological and building code requirements that will address any potential slope stability and/or drainage issues in conjunction with approval with the new residence. C. The Extreme Slope Permit can be supported because the walkway bridge/deck is located at the front of the property and a lower elevation from the street. Due to its location adjacent to the public right-of-way, at a lower elevation from the street, and located 27 feet from the adjacent property to the south Staff believes the deck would not result in any infringement of privacy more than can be observed from the street. Therefore, Staff believes this finding can be made D, The Extreme Slope Permit can be supported because any disturbance to the slope will be insignificant. As designed, there would be four pillars supporting the deck, of which only two will be located on the slope. The deck would then connect to a retaining wall where fill is proposed for a small flat area which would then fill the gap between where the deck ends and the stairs built into the slope.While there will be a 91 square foot area to provide the graded platform for the deck and slope, any disturbance caused by the proposed deck cantilevering over the slope will be insignificant. K. The Extreme Slope Permit can be supported because the General Plan designates the subject parcel for Residential 1-2 DU/acre, and the proposed deck is consistent with construction for residential development. The purpose of the Residential, 1-2 DU/acre land use designation in the General Plan is to allow for the development of low- to moderate-density residential neighborhoods, including the types of accessory structures normally associated with single-family residences, such as the proposed deck. In addition, Urban Environment Policy No. 3 calls upon the City to "encourage and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." The extreme slope at the front of the residence restricts access to the front of the residence to where the use of a cantilevered deck is both reasonable and consistent with the immediate neighborhood.Also, the subject parcel is not located within the City's Coastal Zone, nor is it subject to any overlay control district standards. Section 4: With regard to the Site Plan Review, the proposed pool, spa, mechanical equipment and site fencing would comply with the required residential setback standards, lot coverage and the maximum allowable heights as presented in the Development Code for the RS-2 zone. Further, as noted in the Height Variation findings above, the addition will be compatible with the surrounding neighborhood. Section 5: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and P.C. Resolution No. 2014-35 Page 7 of 12 any specific action being requested by the appellant. The standard fifteen (15) day appeal period shall be extended due to the closure of City Hall between December 24, 2014 and January 1, 2015. Any appeal letter must be filed by 4:30 PM, Friday, January 2, 2015. A$2,275 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 4:30 PM on January 2, 2015. Section 4: 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, Extreme Slope Permit and Site Plan Review (Planning Case No. ZON2011-00280) for the construction of a new 4,870 square foot, two-story residence with 213 cubic yards of grading and an entry deck that extends 6'-0" beyond the toe of an extreme lop located on a vacant lot with an APN of 7566-006-018, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 9th day of December 2014, by the following vote: AYES: Commissioners Cruikshank, James, Tomblin, Vice Chairman Nelson and Chairman Leon NOES: Commissioner Emenhiser ABSTENTIONS: None RECUSSALS: None ABSENT: Commissioner Gerstner l/ Gordon Leon Chairman Joel Rojasoth Communitelopment ' ector SecretaryPlanning Commission P.C. Resolution No. 2014-35 Page 8 of 12 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2011-00280 (HV, GR, ESP, SPR) (APN 7566-006-018.) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check,the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand,and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. 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. 3. 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. 4. The Community Development Director 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 by the final body that approved the original project,which may require new and separate environmental review. 5. 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. 6. 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. 7. 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. 8. In the event that any of these conditions conflict with the recommendations and/or P.C. Resolution No. 2014-35 Page 9 of 12 requirements of another permitting agency or City department,the stricter standard shall apply. 9, 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. 10. 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. 11. 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. 12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:OOAM to 5:OOPM 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 7AM Monday through Friday and before 9AM 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. 13. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (38.7% proposed). 14. The approved additions shall maintain setbacks as depicted on the APPROVED plans for both the first and second floor additions. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 15. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 16. A minimum 2-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 (3-car garage proposed). P.C. Resolution No. 2014-35 Page 10 of 12 17. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is 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. 18. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 19. 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. 20. Prior to the issuance of building permits, the applicant shall demonstrate the project's compliance with the South Coast Air Quality Management District Rule 445 and the City Municipal Code requirements regarding wood-burning devices. Project Specific Conditions: 21. This approval is for a 4,870 square-foot,2-story single-family residence,which includes a 649 square-foot 3-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 22. The maximum ridgeline of the approved project is 105.5'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED GRADE ELEVATION CERTIFICATION shall be provided by licensed land surveyor or civil engineer, showing the Finished Grade Elevation at 79.5'. 23. The proposed chimney may project a maximum of 2'into any required setback,and shall not exceed the minimum height required for compliance with the Uniform Building Code. 24. All existing foliage located on the subject property along the north side property line, adjacent to the private driveway easement, shall be maintained in a thriving manner. Other than trees that need to be permanently removed to allow access to the applicant's property per the approved plan, if any of the existing trees on either property are damaged or removed during construction, the applicant shall provide new trees to the satisfaction of the Director of Community Development. 25. No grading or improvement may commence within the private road easement to the north of the subject property without first obtaining written authorization from the legal P.C. Resolution No. 2014-35 Page 11 of 12 holders of the private driveway easement to allow proposed grading and improvements within the private street easement. Such authorization shall be in a form that can be recorded and shall be reviewed by the City Attorney. If written authorization from the easement holders is not obtained,the plans shall be modified to eliminate improvements from the private driveway easement. Said modified plan may be approved by the Community Development Director, pursuant to Condition No. 4. 26, Prior to ISSUANCE OF A BUILDING PERMIT, the property owner (applicant) shall demonstrate, to the satisfaction of the City Attorney that they have legal access to the subject property from the private driveway easement along the north side property line that is consistent with the driveway design approved by the Planning Commission, including the removal of any trees to allow for said legal access. 27. This project includes two retaining walls located adjacent to the proposed new driveway that will not exceed a height of 3'-5". 28. The proposed project includes a total of 213 cubic yards of grading as itemized below: • 27 cubic yards of cut for a new pool and spa • 160 cubic yards of fill for the construction of a new driveway • 10 cubic yards of fill along the southwest side of the new driveway • 7 cubic yards of fill for a pedestrian landing in the front yard • 9 cubic yards of fill in the rear yard to the west of the new pool P.C. Resolution No. 2014-35 Page 12 of 12