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PC RES 2002-022A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, HEIGHT VARIATION N0. 899, GRADING PERMIT NO. 2151, MINOR EXCEPTION PERMIT NO. 573, AND VARIANCE NO. 488 TO ALLOW THE CONSTRUCTION OF A NEW 5,409 SQUARE FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 3787 COOLHEIGHTS DRIVE. WHEREAS, on November 17, 1999 the subject applications, Height Variation No 899, Grading Permit No. 2151 and Minor Exception Permit No 573 were submitted to the Planning Department by the property owners, Mr and Mrs. Joe Nassin, to allow the construction of a new 5,409 square foot, two-story, single-family residence with 819 cubic yards of associated grading, and, WHEREAS, on February 24, 2000 the City's Geotechnical Engineer reviewed and conditionally approved the applicants' geotechnical reports and studies, and, WHEREAS, after several meetings attended by Staff and the property owners and their architect, revised plans were submitted and deemed complete for processing on September 26, 2000; and, WHEREAS, during the public noticing period for the November 14, 2000 Planning Commission, the City received several comment letters from surrounding property owners expressing concern regarding the proposed project and its impacts to neighboring views, public trail access, brush clearance, habitat, and street turnaround improvements In light of the public comments letters, Staff determined that additional information and studies needed to be completed in order for the Commission to consider the project's merits; and WHEREAS, at its November 14, 2000 meeting, the Planning Commission tabled the public hearing for the proposed project in order to allow Staff and the applicants ample time to complete the necessary information needed to process the project applications; and, WHEREAS, as a result of the Fire Department's requirement to clear brush on the slopes that extend beyond the building pad, it was determined that the project would result in potential impacts to protected habitat and could therefore not be processed as a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA); and, WHEREAS, pursuant to CEQA, the proposed project required the preparation of an Initial Study, thus requiring that the applicants submit new information at which time the applicant also submitted revised plans that constituted revised applications, and, WHEREAS, on March 8, 2001, Environmental Assessment No 745 along with revised plans were submitted to the Planning Department on behalf of the property owners for the preparation of the appropriate environmental documents, and, P.C. Resolution No. 2002-22 August 27, 2002 Page 1 of 7 WHEREAS on October 9, 2001, the revised project applications were deemed complete for processing, and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 21000 et seq ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962 5(F) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration and project approval, there is no substantial evidence that the approval of Height Variation No. 899, Grading Permit No 2151, and Minor Exception Permit No. 573 would result in a significant adverse effect on the environment Accordingly, a Draft Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and, WHEREAS, the Initial Study and Mitigated Negative Declaration was completed on April 10, 2002 and distributed for circulation and review on April 11, 2002 through May 13, 2002, and, WHEREAS, Notice of Intent to Adopt and Notice of Availability of the Mitigated Negative Declaration was sent to responsible agencies and interested parties on April 11, 2002, and notification of the intent to adopt the Mitigated Negative Declaration was provided by publication in the P V Peninsula News newspaper on April 11, 2002; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on May 14, 2002 at which all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at the May 14, 2002 meeting, the Commission unanimously moved to continue the public hearing to its May 28"' meeting so that Staff may further research the concerns raised at the public hearing. Specifically, the Commission directed Staff to consider alternatives to the applicant's hammerhead turnaround, including the design of a cul-de-sac, at the terminus of Coolheights Drive; and, WHEREAS, at its May 28, 2002 meeting, the Planning Commission continued the public hearing to its June 11th meeting in order to allow Staff additional time to complete its analysis of the outstanding issues, including the turn -around design alternatives, and, WHEREAS, at the June 11, 2002 meeting, the Planning Commission continued the public hearing discussion on the project, and after hearing public testimony, the Commission unanimously moved to continue the public hearing to its June 25, 2002 meeting, so that Staff could meet with the applicant and the neighboring property owners to address issues pertaining to the proposed design of the turn -around, potential view impacts, brush clearance, and the public access trails; and, WHEREAS, at the June 25, 2002 meeting, the Planning Commission continued the public hearing to its July 9, 2002 meeting so that Staff could continue its analysis of the issues identified at previous meetings, and, WHEREAS, on July 9, 2002, the Planning Commission adopted Resolution No. 2002-15, which in accordance with the requirements of the California Environmental Quality Act, adopted P.C. Resolution No. 2002-22 August 27, 2002 Page 2 of 7 IA \ f a Mitigated Negative Declaration and a Mitigation Monitoring Program for the proposed project. The Planning Commission also unanimously moved to continue the public hearing discussion on the merits of the project applications to the July 23, 2002 meeting, and WHEREAS, at the July 23, 2002 meeting, the Planning Commission continued the public hearing to its August 13, 2002 meeting so that Staff could present the Commission with a protect summary update and continue its analysis of the issues identified at previous meetings; and, WHEREAS, at the August 13, 2002 meeting, the Planning Commission received and filed a project summary update on the contemplated street turn -around design alternatives, and continued the public hearing to its August 27, 2002 meeting; and, WHEREAS, at the August 27, 2002 meeting, the Planning Commission re -opened the public hearing discussion at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1: That in regards to Height Variation No 899, A The applicants have successfully complied with the Early Neighborhood Consultation process established by the City by obtaining 17 signatures (60%) out of the 28 properties within the 500' radius, and 5 signatures (83%) out of 6 properties within the 100' radius. B. The proposed structure has been designed in a manner that does not result in impacts from public views and vistas from the trails located within the City owned Forrestal Property because the residence is significantly lower in elevation than the trails, which maintain views in the opposite direction from the project site. Furthermore, the project does not significantly impair a view from public property, as identified in the City's Coastal Specific Plan, since the subject property is not located within the City's designated Coastal District. C. The proposed structure is not located on a ridge or promontory in that the project site is located on a graded lot that was created when the surrounding neighborhood was developed and is at the same general elevation as the other lots that are located on Coolheights Drive. D The proposed residence has been designed to minimize any view impacts that may occur from surrounding properties by sitting the proposed residence off the building pad, on the northern slope located between the building pad and the lower drainage swale Furthermore, the quantity of grading has been limited to the area needed to prepare the site for the proposed residence, and restricted from altering the height of the building pad for yard improvements E. The subject property is located in an area that consists of unique topography that has characterized the existing development within the neighborhood. As such, "protected P.C. Resolution No. 2002-22 August 27, 2002 Page 3 of 7 views" as defined by the Development Code, vastly vary between lots since the majority of the existing homes within the immediate neighborhood are currently developed as two-story residences on lots that may be classified as "view" or "non -view" lots. Therefore, due to the character and topography of the immediate neighborhood coupled with the City's height requirements for "building pad" lots, future development projects involving a new second story within the immediate neighborhood will be limited Furthermore, although some second story additions may result in potential view impacts, the impacts may not be from "protected viewing areas" due to the "by right" height requirements for the varying lot classifications nor considered a "significant" view impact. Therefore, the Commission finds that in terms of cumulative view impacts, the granting of the proposed project will not cause a significant cumulative view impairment F The proposed structure, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel because the structure is designed and plotted in a manner that does not result in a significant impairment of a view from neighboring properties Furthermore, the portion of the proposed structure that complies with the Development Code's permitted height limit already impairs views from the neighboring properties. Views that are impaired by the permitted height limit are not considered by the Development Code as protected views Therefore, the proposed second level does not create a significant view impairment beyond that which would result from a structure built to the maximum permitted height limit of 16 -feet. Notwithstanding, the applicants have agreed to move the southern facade back by 2 -feet to mitigate potential view impacts from the neighboring residence and a condition requires all landscaping, south of the southern most building facade, to be limited to a height that will not cause a significant view impairment from the neighboring property. G The proposed structure complies with all other code requirements, as it pertains to the RS -1 zoning district's residential development standards for lot coverage, setbacks, parking and other code requirements stated in the Development Code. As for those components of the proposed project that the Development Code does not permit "by right," the respective applications have been requested and reviewed according to the appropriate guidelines, as discussed in subsequent Sections of this Resolution Additionally, further approvals must be obtained from the City's Geotechnical Consultant in the building stage, and building and grading permits must also be obtained for compliance with the Uniform Building Code, the Development Code and the City's Municipal Code Additionally, the applicants are required to obtain approvals from Local, State, and Federal Agencies, as identified in Exhibit "A", project Conditions of Approval. Further, the proposed project complies with the standards of the applicable Overlay Control Districts H Although the proposed structure is 2,210 square feet larger than the largest home within the ten (10) closest homes on Coolheights Drive, the structure is designed in a manner that resembles the character of many of the recently remodeled or renovated homes within the immediate neighborhood. Such elements include integrating architectural features such as clay tile roof, smooth stucco finish, vinyl doors and windows, and wrought iron throughout the residence Additionally, in order to balance the weight of the structure's visual appearance, architectural features have been integrated into the design of the residence and its footprint, such as an entrance rotunda that offsets the structure's geometric form, thereby softening the structure's massive and bulky appearance Furthermore, the proposed residence is located at the terminus of P.C. Resolution No. 2002-22 August 27, 2002 Page 4 of 7 Coolheights Drive and is aligned with the neighboring residences on the "non -view" side of the street, thereby limiting its visibility from neighboring properties. The proposed structure does not result in an unreasonable infringement of privacy from the immediate neighboring properties because the residence is designed and plotted on the project site so that neither the windows nor the balconies will look onto a neighbors yard nor into the interior of a neighbor's home. Section 2: That in regard to Grading Permit No 2151. A. The grading does not exceed that which is necessary for the permitted primary use of the lot in that the proposed 819 cubic yards of associated grading is necessary to prepare the protect site for the construction of a single-family residence, which is considered the permitted primary use of the property As proposed, the grading is necessary to accommodate the construction of a new single-family residence B. The grading and/or related construction does not significantly adversely affect visual relationships nor the views from neighboring properties since the proposed grading will not raise the height of the existing building pad, but rather will cut into portions of the slope to the north of the existing building pad to accommodate the proposed residence The applicants have plotted the residence into the slope in order to minimize potential view impacts from neighboring properties C. The nature of grading minimizes disturbance to the natural contours and finished contours are reasonably natural in that the proposed grading is to occur on a portion of the project site that was previously graded to accommodate the existing residence The proposed grading improvements will occur on a slope that was created at the time the neighboring tract was developed and is less than 35%. Furthermore, the proposed grading will not require further disturbance to the site's natural contours or finished contours, which are considered reasonably natural D. The grading takes into account the preservation of natural topographic features and appearances so as to blend any man-made or manufactured slopes into the natural topography in that the majority of the grading requested will be conducted under the existing building footprint, by notching the structure into the slope located to the north of the existing building pad, to create a similar finished floor elevation to the existing pad Furthermore, the proposed grading does not include any modification to the natural topographic features so that land sculpturing is required E The grading will not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation in that the proposed grading will be located on a portion of the 2 30 acre lot that was previously disturbed at the time the neighboring tract was developed, and is therefore devoid of native vegetation. Therefore, the project related grading activities would not significantly impact any natural vegetation or wildlife habitat F The grading conforms with the Development Code's standards pertaining to grading on slopes, height of cut/fill and retaining walls in that the grading requested is necessary for the development of the subject property and complies with the Development Code's criteria in that no earth movement will occur on slopes equal to or greater than 35% nor P.C. Resolution No. 2002-22 August 27, 2002 Page 5 of 7 will the grading result in slopes exceeding a 50% gradient. Furthermore, the excavation required for the proposed structure will not exceed a height of five (5) feet. Section 3: That in regard to Minor Exception Permit No 573 Pursuant to the Development Code, a Minor Exception Permit may be requested to allow the construction of a six (6) foot high fence within the required front yard area provided that one of the following findings can be made 1 The requested Minor Exception Permit is warranted by practical difficulties, or, 2. The requested Minor Exception Permit is warranted by an unnecessary hardship, or, 3 The requested Minor Exception Permit is necessary to avoid inconsistencies with the general intent of this Title In order to physically identify the property lines while maintaining a level of security from potential trespassers seeking use of the public trails located within the Forrestal Property, the construction of a five (5) foot high wrought iron fence with six (6) foot high pilaster in an area that the Development Code currently restricts the height of a wall or fence to forty-two (42) inches is warranted, since prohibiting the proposed fence would be inconsistent with the general intent of the Code to protect and enhance health and safety Furthermore, the proposed fence will be constructed from wrought iron that will allow the fence to remain predominantly open, preventing a fortification feeling from the street. This is achieved since the design of the fence is approximately eighty (80) percent of it is open/permeable, which allows ocean views to be enjoyed from the neighboring property Additionally, landscaping located along the fence is limited to a height not to exceed one (1) foot above grade Section 4: That in regard to Variance No 488 A. The project site has exceptional and extraordinary circumstances in that the property has a limited building pad area and that pursuant to a Settlement Agreement, the development of the project site requires the construction of a street turnaround at the terminus of Coolheights Drive As such, the construction of a turn -around occupies a significant portion of the building pad area thereby requiring the proposed residence to be built off the building pad In order to minimize impacts to abutting slopes that contain protected Coastal Sage Scrub habitat, it is in the interest of the surrounding environment that the proposed residence be plotted as close to the street as possible These factors result in a unique situation that does not generally apply to other properties within the RS -1 zoning district. B The Variance is necessary for the preservation and enjoyment of a right that is possessed by other property owners under like conditions The project site is currently an undeveloped lot that is zoned for the use of a single-family residence However, the applicants are required to improve the project site with a turn -around at the terminus of Coolheights Drive Since the property has a limited usable building pad area due to the unique terrain and the abutting slopes, the property owners are deprived of a privilege that is possessed by other property owners within the same zoning district and citywide. Therefore, in order to minimize impacts to the surrounding environment while permitting the construction of a new single-family residence, a reduction of the required front yard setback is warranted since it would not provide the landowner a special privilege that is not currently enjoyed by other property owners in the area P C. Resolution No. 2002-22 August 27, 2002 Page 6 of 7 C. Granting such a Variance would not be materially detrimental to the public welfare since the reduction of the required front yard setback allows the proposed residence to be plotted in a location that can accommodate the required turn -around at the terminus of Coolheights Drive, which is to enhance public safety by allowing vehicles, including emergency vehicles, adequate maneuverability Furthermore, the reduction of the front yard setback for the proposed residence will not be detrimental to the public access, as an appropriate trail easement will be conveyed to the City providing access to the City owned Forrestal Property. Therefore, granting a Variance would not increase the impacts of the existing condition on the lot or be detrimental to the public welfare. D. The requested Variance to reduce the front yard setback requirement is consistent with the General Plan since the project will not change the existing residential condition of the lot Section 5: A Notice of Decision shall be given to the applicant, to all property owners adjacent to the subject property and any interested party informing them of the Planning Commission's decision Section 6: Any interested party may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17 02 040(C)(I)(j) 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 fifteen (15) days following the date of the Planning Commission's adoption of this resolution. Section 7: 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 approves Height Variation No 899, Grading Permit No. 2151, Minor Exception Permit No. 573, and Variance No. 488 thereby approving the construction of a new 5,409 square foot, two-story, single-family residence at a height not to exceed 26', as measured from the highest pre -construction grade (752 00') to the top of the highest roof ridgeline (778.00'), subject to the conditions of approval in Exhibit "A". PASSED, APPROVED, AND ADOPTED this 27 th day of August, 2002, by the following vote: AYES: Chairman Cartwright, Vice -Chairman Long, Commissioners Lyon, Cote, Tomblin, Duran -Reed, and Mueller. NOES: None 0*11 11*1 ABSENT: None Joel Kojas, Al P I ec i n )i� - J irec r of Pla ni g, Building a� ode Enforcement `7 J& Cartwright Chairman August 27, 2002 Page 7 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL HEIGHT VARIATION NO. 899, GRADING PERMIT NO. 2151, MINOR EXCEPTION PERMIT NO 573, VARIANCE NO 488, AND ENVIRONMENTAL ASSESSMENT NO 745 GENERAL Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void 2 The approval shall become null and void after one (1) year from the date of approval by the City, unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process 3 The proposed project shall be constructed in substantial compliance with the plans approved and stamped by the Planning Department with the effective date of this approval 4 All mitigation measures contained in the adopted Mitigated Negative Declaration (P C Resolution No 2002-15) shall be incorporated into the implementation of the proposed project and adhered to, and are incorporated herein by reference 5 The applicant shall be responsible for all costs incurred in the review of plans or monitoring of construction related activities, as described herein 6 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. 7 All future modifications to the building footprint approved herein shall be reviewed and approved by the Planning Commission at a duly noticed public hearing Such review shall ensure that no new additional floor area, consisting of combustible material, results in the need for additional fuel modification that will adversely impact Federal and State protected habitat. 8 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 9 The hours of construction shall be limited to 7.00 a m to 7.00 p m., Monday through Saturday No construction shall be permitted on Sundays or on legal holidays. 10 The construction site and neighboring public and private properties 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 is not limited P C Resolution No 2002-22 Conditions of Approval Exhibit "A" Page 1 of 7 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 11 The project site shall be securely enclosed with a temporary construction fence, not to exceed six (6) feet in height, during the duration of construction Said fencing shall be removed prior to issuance of the Certificate of Occupancy by Building and Safety 12. No construction activity or staging shall be permitted on the slopes located off the building pad, including the slopes above the existing upper most drainage swale, unless otherwise a part of the proposed residence HEIGHT VARIATION 13 The proposed structure shall not exceed 26 feet in height as measured from the highest pre -construction grade (752') to the top of the highest roof ridgeline (778') A BUILDING HEIGHT CERTIFICATION, PREPARED BY A REGISTERED ENGINEER, SHALL BE SUBMITTED TO THE BUILDING AND SAFETY DIVISION, PRIOR TO THE FINAL FRAMING INSPECTION. 14 The project silhouette shall be removed no later than seven (7) calendar days after the expiration of the appeal period, unless an appeal if filed with the City 15 The southern facade of the proposed residence, located at the southwestern most portion of the building, shall be setback at least 2 -feet from the datum point depicted by the certification of the project silhouette pole, as shown in Exhibit "C", prior to "plan check" submittal with Building and Safety GRADING PERMIT 16 The project related grading shall not exceed 819 cubic yards of earth movement, consisting of 668 cubic yards of cut and 151 cubic yards of fill All excess cut (517 cubic yards) shall be exported off-site. 17 The maximum depth of cut/fill shall not exceed 5' in height, except for the excavation required for the retaining walls integrated with the building footprint. 18 The retaining wall located along the driveway shall not exceed five (5) feet in height, as measured from the lowest finished grade. When a retaining wall is combined with a fence on the top of the wall, the maximum height shall not exceed six (6) feet, as measured from finished adjacent grade Furthermore, the retaining walls shall maintain a minimum separation of three (3) feet, as measured from the interior of the walls. 19 The City's Geotechnical Consultant shall review the project in the "plan check" stage to determine whether further reports and investigation shall be required prior to issuance of grading or building permits 20 Prior to issuance of grading permits, the Director of Public Works shall review and approve a haul route for all exported earth P.C. Resolution No. 2002-22 Conditions of Approval Exhibit "A" Page 2 of 7 21 Prior to issuance of grading permits, the Director of Public Works shall review and approve any improvements within the public right-of-way MINOR EXCEPTION PERMIT 22. The proposed fence/wall located along the front property line shall not exceed six (6) feet in height, as measured from the lowest finished grade adjacent to the wall and shall be eighty (80) percent open to light and air 23 No architectural elements shall be permitted on the fence/wall that exceeds the permitted height of six (6) feet, as defined in the above condition 24 No lighting may be permitted on the proposed fence/wall that is located outside the area designated as the turnaround 25 The area located immediately adjacent to the proposed fence/wall shall be landscaped with vegetation that does not exceed 42 -inches in height, as measured from adjacent grade, except for the area located between the neighbor's front yard fence post (3778 Coolheights Drive) and the neighbor's dining room window edge (3776 Coolheights Drive) closest to the public street, where the plantings shall not exceed a height of 6 - feet. MISCELLANEOUS 26 The residence shall not exceed 5,409 square feet, of which 680 square feet will be in the form of a three car attached garage, 2,243 square feet will be situated on the lower level and 2,486 square feet on the upper level A SQUARE FOOTAGE CERTIFICATION PREPARED BY A REGISTERED SURVEYOR INDICATING THAT THE NEW RESIDENCE DOES NOT EXCEED 5,409 SQUARE FEET, SHALL BE SUBMITTED TO THE BUILDING AND SAFETY DIVISION, PRIOR TO A FRAMING INSPECTION. 27 The lot coverage requirement for the subject property located in the RS -1 zoning district shall not exceed 25% The proposed Lot Coverage is 5% 28 The following minimum setbacks shall be maintained for the proposed residence Front Yard 18'-0" minimum (as approved herein under Variance No 488) Rear Yard 20'-0" minimum (proposed 220') Side Yard 10'-0" minimum (proposed 78') A SETBACK CERTIFICATION SHALL BE PREPARED BY A LICENSED SURVEYOR AND SUBMITTED TO THE BUILDING AND SAFETY DIVISION, INDICATING COMPLIANCE WITH THE APPROVED FRONT YARD SETBACK PRIOR TO A FOUNDATION INSPECTION. 29 A minimum of a two car garage shall be maintained at all times with a minimum depth of P.C. Resolution No. 2002-22 Conditions of Approval Exhibit "A" Page 3 of 7 twenty (20) feet, a minimum width of eighteen (18) feet and a minimum vertical clearance of seven (7) feet, as measured from the interior finished walls (proposed three car). 30. The proposed spa shall be maintained a minimum of five (5) feet away from the top of the slope. 31 The proposed spa area shall be enclosed with a minimum 5' high fence, with a self- closing device and a self -latching device located no closer than 4' above the ground. 32 All ancillary structures, including, but not limited to decks, gazebos, walls and fencing shall be constructed of non-combustible materials. 33 The proposed driveway shall not exceed a maximum gradient of 20%, as required by the City's Development Code. 34. Prior to issuance of grading or building permits, the applicants shall convey, to the satisfaction of the Director of Planning, Building and Code Enforcement and the City Attorney, a public trail easement for the Ganado (A16), Pirate (A15), and the Flying Mane (1-4) trails. The required trail easements shall be recorded with the Los Angeles County Recorders Office prior to issuance of grading or building permits Except as required by Condition 36, the required trail easements shall be limited to the areas of the project site that are outside the "residential" portion of the lot, as identified in the attached Trail Zone Exhibit "B". The alignment of said trails, including, but not limited to the Ganado (A16) trail segment, shall be reviewed and approved by the City's Forrestal Steering Committee Said review shall involve the participation of all interested parties, including, but not limited to the project applicant The placement of said trails shall not result in impacts to plants protected herein, as stated in Condition No 48 35. Access to the trails on the Forrestal Property shall not be restricted dunng construction of the proposed residence The location of the temporary trails shall be reviewed and approved by the Director of Public Works. The placement of said temporary trails shall not result in adverse impacts to the protected plants that are discussed in Condition No 51. 36 The applicant shall construct, at his expense, a cul-de-sac turn around as depicted as Alternative No 5, which was reviewed and approved by the Planning Commission at its August 27, 2002 meeting. The final plans for the cul-de-sac, which shall include an easement on a portion of the applicant's driveway for turn around purposes, shall be submitted for review and approval by the Director of Public Works and the Los Angeles County Fire Department In addition, the applicant shall dedicate to the City a 5 -foot strip running along the boundary that abuts Mr Ortolano Jr's property so that 5 -feet of the existing 10 -foot wide City Trail can be relocated onto the applicant's property, with the remaining 5 -feet of the trail remaining on Mr. Ortolano Jr's property The applicant shall also dedicate to the City the area between the cul-de-sac and the relocated trail, subject to review and approval by the Director of Public Works, for the location of a trailhead connection between the cul-de-sac and the City's trail easement P.C. Resolution No. 2082-22 Conditions of Approval Exhibit "A" Page 4 of 7 37. If the adjacent property owners (Dr and Mrs Farooq, Mr. and Mrs. Ortolano, Sr. and Ortolano, Jr.) do not execute agreements conveying to the City the rights-of-way that are necessary to construct the cul-de-sac that is discussed in Condition No. 36 within sixty (60) days of the date of this approval, then the applicant shall construct, at his expense, the hammerhead turnaround that is depicted as Alternative 1, instead of constructing the cul-de-sac that is specified in Condition 36 and satisfying the other requirements of that Condition. 38. Prior to issuance of grading or building permits, the applicants shall convey, to the satisfaction of the Fire Department, Director of Public Works and the City Attorney, a public street easement for the turnaround Said easement shall permit public use of the turnaround at all times by motorists and pedestrians 39 Prior to issuance of grading or building permits, the specifications for the required turnaround shall be reviewed and approved by the Director of Public Works and the Los Angeles County Fire Department. 40. The applicant shall adhere to all applicable conditions set forth by the Los Angeles County Fire Department, including, but not limited to, the installation of a new fire hydrant on the North side of the street 41 The required turnaround shall match the surface of the adjacent public street, as deemed acceptable by the Director of Public Works 42 The area located within the turnaround shall be red -curbed with a sign stating, "no parking at all times," as recommended by the Los Angeles County Fire Department. Said sign shall be reviewed and approved by the Director of Public Works and installed at the time of the final inspection of the street improvement 43. Prior to issuance of grading or building permits, the turnaround, as described in the above condition, and the Ganado Trail link from Coolheights Drive, shall be posted with a sign, to the satisfaction of the Director of Public Works and the City Attorney, that ensures public access at all times 44 The proposed residence shall be finished in an earth tone color, as deemed acceptable by the Director of Planning, Building, and Code Enforcement, prior to the Certificate of Occupancy by Building and Safety 45. The applicants shall visually screen the trash enclosure from neighboring properties and the public right-of-way prior to issuance of the Certificate of Occupancy by Building and Safety 46. All mechanical equipment, including but not limited to the spa equipment and air conditioning condenser units, shall be no closer than three (3) feet from the interior side property line and shall not exceed 6' in height Said equipment shall be adequately screened from the neighboring properties and the right of way. 47 No mechanical equipment shall be permitted on the roof P.C. Resolution No, 2002-22 Conditions of Approval Exhibit "A" Page 5 of 7 48 A Landscape Plan shall be submitted for review and approval by the Director of Planning, Building and Code Enforcement and a qualified botanist prior to issuance of the Certificate of Occupancy by Building and Safety. The Landscape Plan shall indicate the location and type of vegetation proposed for the subject property, as well as proposed irrigation An annual pruning/thinning schedule shall be included in the Landscape Plan that is designed to avoid impacts during the nesting season of the Californian Gnatcatcher and to prevent detrimental impacts to the protected plants that are mentioned in Condition 51, which would be caused by the required Fuel Modification. Additionally, the landscaping that is proposed in the area located south of the southernmost facade shall not significantly impair a view from the neighboring property (3777 Coolheights Drive), as determined by the Director of Planning, Building and Code Enforcement. 49. The applicant shall incur all costs associated with the review of the Landscape Plan The applicant shall establish a trust deposit account with the City prior to submittal of the Landscape Plan. 50. The Landscape Plan shall use non-invasive plants that will not adversely impact the abutting natural areas located on the City -owned Forrestal Property 51 Prior to issuance of grading permits, a qualified botanist, at the expense of the applicant, shall conduct a botanical survey of the project site to locate any special plants listed on California Native Plant Society list, including, but not limited to Caiochortus Catalinea, Dichondra Occidentalis, Dudleya Virens, and Castilleja Affinis Said survey shall occur at a reasonable time when said plants are in bloom, but so as not to create delays in the construction of the proposed project, as deemed appropriate by the Director of Planning, Building and Code Enforcement The survey shall indicate the plants that shall not be removed as part of the fuel modification requirements, and such plants shall be flagged and avoided when fuel modification is to occur Said survey shall be subject to review and approval by the Director of Planning, Building and Code Enforcement and the Los Angeles County Fire Department 52. Prior to issuance of grading permits, the property owner shall obtain approvals by the City of an Urban Stormwater Plan that is in conformance with the requirements of the National Pollutant Discharge Elimination System (NPDES). 53. If brush clearance for fire suppression purposes modifies drainage across the property, a drainage plan shall be submitted to the Department of Public Works for review and approval by the Director prior to the issuance of grading permits 54 All future fuel modification and associated brush clearance shall adhere to the same seasonal timing and requirements identified in the Mitigation Monitoring Program (P C. Resolution No 2002-15) to avoid disturbance to protected habitat. 55 The applicant shall obtain approvals from the appropriate Resource Agencies (U S Fish and Wildlife Services and/or California Department of Fish and Game) for all habitat loss resulting from the required brush clearance, in the form of a Take Permit, prior to implementing the approved Fuel Modification Plan. P.C. Resolution No. 2002-22 Conditions of Approval Exhibit "A" Page 6 of 7 56. No outdoor lighting shall be permitted that is directed towards a parcel of property other than that upon which such light source is physically located. Additionally, no lighting shall be permitted where the light source or fixture, if located on a building, above the line of the eaves, or if located on a standard or pole, more than ten (10) feet above grade. Individual, non-reflector, incandescent light bulbs shall not exceed 150 watts per bulb or an aggregate of 1,000 watts for a lot. M:\HEIGHTVA\HV899\CONDITIONS.doc P.C. 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(-- CD 1 1„ , i. 1 , -, I t '•: t 1 , '‘, .., t, - ,r 1.• , •, , 1,.. -., :',..: 'A.., I' A, -, Nr ':-.:::: -Taw ' . , N, -•,..,, 5 - ,, • - CO VC) \ / i 1 li .•-r. \\ , ,,, r' ) .): 1 . lt, '. '-, 1, i' ',: '4, .,' t , ,, , N -''''''.7\::N f i , ..... ..„ ..„ ,,,. ,----- .i.:,\,,,\ , '• zi,•1 -,... ',..1 0\, —7 .„..,.. .. . . . ..... •' i / i -1 • ' .."- - .... P.C. Resolution No. 2002-22 Conditions of Approval Exhibit "B" Page 1 of 1