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PC RES 2020-00401203.0005/641143.1 P.C. Resolution No. 2020-04 Page 1 of 17 P.C. RESOLUTION NO. 2020-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION, MAJOR GRADING PERMIT AND SITE PLAN REVIEW TO CONSTRUCT A NEW 7,375FT 2 (GARAGE INCLUDED) TWO-STORY RESIDENCE MEASURING 25.92’ IN HEIGHT AND A 611FT2 ACCESSORY DWELLING UNIT WITH ANCILLARY SITE IMPROVEMENTS AND ASSOCIATED GRADING ON THE PROPERTY LOCATED AT 6001 PALOS VERDES DRIVE SOUTH (CASE NO. PLHV2019-0011). WHEREAS, on November 19, 2018, the property owner (“Applicant”) of 6001 Palos Verdes Drive South, commonly referred to as the Point View property (“Property”), submitted a Landslide Moratorium Exception Permit (LME) (Case No. PLME2018-0004) requesting approval to submit planning applications for the proposed construction of a two- story single-family residence, garage and accessory dwelling unit on the Property; and WHEREAS, on April 8, 2019, the Director of Community Development (Director) issued a Notice of Decision and corresponding Staff Report, conditionally approving the LME permit. Immediately after issuing the Notice of Decision, the Applicant requested that Condition No. 7 of the project Conditions of Approval be further clarified with respect to the future subdivision of the Property and trail easement dedication; and WHEREAS, on April 9, 2019, the Director issued a Revised Notice of Decision and updated Staff Report clarifying requirements established under the Conditions of Approval and Staff Report, as it relates to the trail easement dedication and subdivision requirements to the future subdivision of the non-Landslide Moratorium Area of the Property; and WHEREAS, on April 17, 2019, a timely appeal of the Director’s LME permit approval was filed by the Appellant requesting the City Council provide additional clarification to the Conditions of Approval; and WHEREAS, on June 18, 2019, the City Council considered the appeal request and adopted Resolution No. 2019-24, upholding the Director’s decision with modifications to the Conditions of Approval related to indemnification and the future subdivision of the project site; and WHEREAS, on July 31, 2019, the Applicant submitted a Height Variation Permit, Major Grading Permit and Site Plan Review application to allow the construction of a new 7,375ft2 two-story residence (garage included) and the construction of a new 611ft2 single- story accessory dwelling unit along with related site improvements and associated grading on the project site; and 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 2 of 17 WHEREAS, as part of the 7th Compliance Review for the Point View Master Use Plan, the Applicant also submitted a request to revise Condition of Approval No. 57 in order to reduce the maximum guest attendance at the Event Garden from 300 to 250 guests along with modifications to the provisions of a previously prepared Mitigated Negative Declaration to reduce on-site parking for the Event Garden from 140 spaces to 112 spaces. These proposed revisions to the Point View Master Use Plan are being considered by the Planning Commission under a separate P.C. Resolution; and, WHEREAS, after reviewing the submitted information, Staff deemed the application incomplete for processing on August 30, 2019. The Applicant submitted revisions on multiple occasions, with the final submittal of information on February 17, 2020. On February 27, 2020, the application was deemed complete for processing; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources 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, the proposed project has been found to be categorically exempt under Section 15303(a) (new construction of single-family dwelling) of the CEQA Guidelines. More specifically, the project involves the proposed construction of a new two-story residence, garage and accessory dwelling unit along with ancillary site improvements and associated grading in the RS-1 zoning district, which is a residential zone; and WHEREAS, on February 27, 2019, a 30-day public notice of the requested development applications and modifications to the Point View Master Use Plan along with the 7th Compliance Review was provided to all property owners within a 500’ radius from the site and published in the Peninsula News; and WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on April 14, 2020, at which time all interested parties were given an opportunity to be heard and present evidence regarding the requested Height Variation, Major Grading Permit and Site Plan Review. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed project involves the construction of a new 7,375ft2 (garage included) two-story residence measuring 25.92’ in height and a 611ft 2 accessory dwelling unit with ancillary site improvements and associated grading. Section 2: The Planning Commission finds that the Height Variation for the construction of a new 7,375ft2 two-story residence measuring 25.92’ in height which exceeds the 16’/20’ by-right height limit is warranted based on the following findings: 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 3 of 17 A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining 21 signatures from owners of properties within 100’ of the project site for a total of 70% and 29 signatures from owners of properties within 500’ of the project site for a total of 44%. B. The proposed residence 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, Conceptual Trails Plan, Trails Network Plan, or Coastal Specific Plan. There are no public viewing areas or viewing sites in the immediate vicinity that look over the project site and the property is not located within the City’s Coastal Zone or any other City specific plan. C. The proposed residence is not located on a ridge but rather on a flat portion of the project site that is approximately 20’ to 25’ higher in elevation than a low-lying portion of the property that is improved with existing agricultural areas. The flat portion of the project site is screened by existing and mature foliage located to the east, west and north of this area. D. The area of a proposed addition to an existing structure that is above 16’ in height, as defined in Section 17.02.040(B) of the Municipal Code, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The residences located in the vicinity observe views of the ocean, shoreline and Catalina Island in a southerly direction. Residential properties located to the east and west of the project site are approximately 50’ to 175’ lower in elevation than the building pad of the proposed residence and views are oriented in the opposite direction of the proposed residence. In addition, properties to the south of the project site, which include Abalone Cove Park are approximately 200’ lower in elevation than the building pad of the proposed residence and views are also oriented in the opposite direction of the proposed residence. Properties located to the north of the project site along Fruit Tree Drive are approximately 20’ to 50’ higher in elevation than that of the building pad of the proposed residence with views either observed in the opposite direction of the proposed residence or above the height of the proposed residence. Properties to the north of the project site along Narcissa Drive are located 30’ to 45’ lower in elevation and observe views of the northeast portion of the project site, which include access gates, agricultural uses and a private driveway. Therefore, the project will have no significant impacts to views. E. There is no significant cumulative view impairment caused by granting the Height Variation since views in the neighborhood are observed in the southerly direction and similar construction on adjacent properties located at 25, 27 and 31 Narcissa Drive are located approximately 35’ to 45’ lower in elevation than those properties located upslope to the north. 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 4 of 17 F. The proposed residence complies with all other Code requirements, including, but not limited to the minimum required setbacks, height, parking, and lot coverage. G. The proposed residence is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The proposed residence and accessory dwelling unit will not be out of scale with the surrounding properties based on the siting of the proposed structures along with the increased setbacks. The proposed residence will be located on a portion of the property that is surrounded by mature landscaping and foliage, which help screen the residence from neighboring properties to the east, west and north of the project site. The landscaping assists in maintaining the existing streetscape in the immediate area. The proposed accessory dwelling unit will be single-story in design, which is consistent with scale and character of the neighboring homes. Both structures will exceed setback requirements in the RS-1 zoning district, which help to reduce the size and scale of the structures as compared to the neighboring properties. The proposed structure size of 7,986ft2 is also below the maximum 8,000ft2 that is permitted by the City Council-approved LME permit (Case No. PLME2018-0004) and by Exception Category ‘T’ of the City’s Landslide Moratorium Ordinance. Therefore, the proposed residence and accessory dwelling unit will not be out of character with the neighborhood and do not create an anomaly in terms of scale and structure size, and therefore are in keeping with the style and custom setting of the immediate neighborhood. The majority of the existing neighborhood is comprised of residences that resemble California Ranch style homes with elements found in other architectural styles. As designed, the proposed project incorporates similar design features found within the surrounding homes with a smooth stucco finish, stone accents, and a gable roof design with shingles. In addition, the appearance of bulk and mass of the proposed residence and accessory dwelling unit will be minimized by the varying design elements. More specifically, the design of the proposed residence will provide articulation such as the enhanced setbacks between the upper and lower levels, stone accents, extended roof overhangs between the two levels of the residence, and varying low-pitched roof planes. The proposed upper-level terraces and balconies along the rear façade will also serve as visual breaks to the façade. The proposed project is in close proximity to another two-story residence and the proposed accessory dwelling unit is being designed as a single-story structure. Lastly, the proposed structures will provide adequate light and air between properties by complying with the required setbacks. H. The proposed new structure that is above 16’ in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. More specifically, the proposed upper-level terraces along the front elevation of the residence provide views of an existing parking area for the Event Garden. The proposed upper-level terraces and balconies located at the rear of the residence provide views of the on-site vineyard and Palos Verdes Drive South, which is a public street. Views from the proposed upper-level terrace located on the westerly 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 5 of 17 side elevation of the proposed residence are oriented toward the on-site Event Garden. Section 3: The Planning Commission finds that the Major Grading Permit for the proposed project complies with the grading criteria set forth in Rancho Palos Verdes Municipal Code §17.76.040(E) and which involves 932yd3 (600yd3 cut, 300yd3 fill, 300yd3 shrinkage and 32yd3 import) of grading along with 1,000yd3 of over-excavation and replacement as well as 7,000yd3 of stabilization. The Major Grading Permit is based on the following findings: A. The proposed grading does not exceed that which is necessary for the permitted primary use of the lot, as the proposed project is in a RS-2 Zoning District, in which the primary use of the lot is residential. The proposed grading would accommodate the construction of a new two-story residence and ancillary site improvements. 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. An aerial analysis of homes determined that residences located in the vicinity observe views of the ocean, shoreline and Catalina Island in a southerly direction. Residential properties located to the east and west of the project site are approximately 50’ to 175’ lower in elevation than the building pad of the proposed residence and views are oriented in the opposite direction of the proposed residence. In addition, properties to the south of the project site, which include Abalone Cove Park are approximately 200’ lower in elevation than the building pad of the proposed residence and views are also oriented in the opposite direction of the proposed residence. Properties located to the north of the project site along Fruit Tree Drive are approximately 20’ to 50’ higher in elevation than that of the building pad of the proposed residence with views either observed in the opposite direction of the proposed residence or above the height of the proposed residence. Properties to the north of the project site along Narcissa Drive are located 30’ to 45’ lower in elevation and observe views of the northeast portion of the project site, which include access gates, agricultural uses and a private driveway. Given these topographic conditions and orientation of views, the proposed project and associated grading will not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. C. The proposed grading of the natural contour lines and the finished contours are reasonably natural. Most of the grading will be conducted on a previously graded area of the project site to accommodate the proposed residence and ancillary site improvements. More specifically, the proposed grading will occur on an existing flat area of the property that provides a parking area for the Event Garden. Some remedial grading consisting of over-excavation, re-compaction and stabilization is proposed in both the parking area and an adjacent slope to the south of the 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 6 of 17 residence to remove undocumented artificial fill, which will be finished to resemble existing and natural contours D. The grading takes into account the preservation of natural topographic features because there will be minimal disturbance to the natural contours and the finished contours will remain reasonably natural. The proposed grading will be limited to an existing flat area of the property that is utilized for parking with some remedial grading on an adjacent south-facing slope. No land sculpturing is proposed and the remaining natural slopes on the property will be preserved. E. The proposed grading and the proposed new single-family residence are compatible with the immediate neighborhood character as the grading is to accommodate a residence and on-site improvements which are consistent with homes found in the immediate area and the proposed home is compatible with the neighborhood as stated in Section 2G (above). F. The proposed grading does not involve a new residential tract and modifications to streets or other public infrastructure. G. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. More specifically, the project site is approximately 94-acres in area that includes both landscape and wildlife habitat. There is no evidence of natural landscape or wildlife habitat in the immediate area of the proposed grading. Some remedial grading is proposed on an adjacent slope located to the south of the proposed residence that is improved with agricultural vegetation but which will be restored to existing conditions after construction is completed. H. The proposed grading conforms to the City’s standards for grading on slopes, height of cut and fill, and height of retaining walls. More specifically, the residence will be constructed on a lot that was created prior to the City’s incorporation, is zoned RS-1 (Single-Family Residential) and will not threaten public health, safety or welfare. The proposed grading will result in cut and fill with a maximum of 2.5’, which is less than code standard of 5’-0” in height/depth. Lastly, the proposed project does not include construction of a new driveway. I. The proposed grading includes grading over areas in excess of 50% steepness, which involves over-excavation, re-compaction and stabilization on the adjacent south-facing slope in order to mitigate undocumented artificial fill. The approval of the requested grading permit will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity. More specifically, the proposed grading will involve over-excavation, re-compaction and stabilization in areas of 50% steepness to mitigate undocumented artificial fill. While this is not typically permitted for other properties in the vicinity, the purpose of the grading is to 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 7 of 17 stabilize the slopes supporting the proposed residence. Given the safety considerations, the proposed grading over 50% steepness is necessary. The City’s geotechnical consultant has conditionally approved the proposed project in the planning stage, and further review will be required to approve a soil engineering report for the proposed remedial grading prior to building or grading permit issuance. Furthermore, the City, prior to issuance of building or grading permits, will also require that the structure be engineered to meet the requirements of the Building Code. J. Pursuant to Rancho Palos Verdes Municipal Code § 17.76.040(E)(10)(e), the City will notify all owners of property adjacent to the project site regarding the granting of the grading permit, which includes development in excess of that permissible under Rancho Palos Verdes Municipal Code § 17.76.040(E)(9). Section 4: The Planning Commission finds that the Site Plan Review for the proposed accessory dwelling unit and ancillary improvements, which include motor court, hardscape features, water fountain, outdoor kitchen and furnishings, decorative 6’ to 7’ high fencing and walls, and fire pit area comply with all applicable Code requirements for the RS-1 zoning district. In addition, the proposed upper-level terraces and balconies will not result in an infringement of privacy to neighboring properties as discussed in Section 2(H) above. Section 5: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on Wednesday, April 29, 2020. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission’s decision will be final at 5:30 p.m. on Wednesday, April 29, 2020. Section 6: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure §1094.6 and Section 17.86.100(B) of the RPVMC. 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 adopts P.C. Resolution No. 2020- 04, approving a Height Variation, Major Grading Permit and Site Plan Review, for the construction of a new 7,375ft2 (garage included) two-story residence measuring 25.92’ in height and a 611ft2 accessory dwelling unit with ancillary site improvements and associated grading subject to the Conditions of Approval contained in the attached Exhibit “A”. 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 9 of 17 EXHIBIT ‘A’ CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2019-0011 (HEIGHT VARIATION, MAJOR GRADING PERMIT AND SITE PLAN REVIEW) 6001 PALOS VERDES DRIVE SOUTH General Conditions: 1. 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 Exhibit “A”. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, by persons other than the Applicant, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. 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. 4. 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 (RPVMC) shall apply. 5. Pursuant to RPVMC §17.78.040, the Director of Community Development is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification. 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 10 of 17 6. 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 RPVMC, including but not limited to height, setback and lot coverage standards. 7. 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 RPVMC §17.86.060 or administrative citations as described in RPVMC §1.16. 8. 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 RPVMC §17.86.070 within 180 days of the final effective date of this Notice of Decision, 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. 9. 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. 10. 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 approval. 11. 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. 12. 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. 13. 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 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 11 of 17 placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City’s Building Official. 14. Construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days shall provide temporary construction fencing, as defined in RPVMC §17.56.050(C). Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 AM Monday through Friday and before 9:00 AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off- site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the Building Official. 16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030. 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. 17. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 18. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE , whichever occurs first, any earth hauling permit shall be approved by the Public Works Department. 19. The Applicant shall remove the project silhouette within 7 days after a final decision has been rendered and the City’s appeal process has been exhausted. Project Specific Conditions: 20. This approval shall allow for the following: A. Construction of a new 7,375ft2 two-story residence (garage included); B. Construction of a new 611ft2 single-story accessory dwelling unit; C. Construction of ancillary site improvements including 1,871ft2 of covered patio/terraces, a driveway motor court, hardscape, water fountain, outdoor 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 12 of 17 kitchen and furnishings, decorative 6’ to 7’ high fencing and walls, and fire pit area along with retaining walls with a maximum height of 2.5’; and D. Conduct approximately 932yd3 of grading to accommodate the proposed residence and 8,000yd3 of grading in support of on-site improvements (1,000yd3 of over-excavation/replacement and 7,000yd3 of stabilization). BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. 21. The height of the approved residence shall be as depicted on the stamped APPROVED plans and in no case shall exceed the maximum height of 25.92’, as measured from the lowest finished grade adjacent to the structure (elev. 425.00’) to the highest proposed roof ridgeline (450.92’). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO ROOF SHEATHING INSPECTION, based on the above mentioned instructions. 22. The approved residence shall maintain a 1,091.6’ front, 1,440.0’ west side, 560.8’ east side and 339.1’ rear yard setbacks. SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO POURING FOUNDATIONS. 23. Unless modified by the approval of future planning applications, the approved project within the RS-1 zoning district shall maintain a maximum of .012% lot coverage. 24. The project site shall maintain a minimum of three-enclosed parking spaces at all times. An enclosed parking space shall have an unobstructed ground space of no less than 9' in width and 20' in depth, with a minimum 7' vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9’ in width by 20’ in depth. 25. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030. All exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting under canopies or on the building shall be covered with diffusing lenses and shielded. 26. All colors and materials for the structures and roofs shall be as shown in the stamped APPROVED plans. 27. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City’s Geologist. 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 13 of 17 28. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, a drainage plan shall be reviewed and approved by the Public Works Department. 29. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, the Applicant shall obtain a permit from the Public Works Department and/or the Community Development Department for proposed work within the public right-of-way. 30. Any outdoor furnishings, accessories or plants located on the balcony and roof decks shall not exceed a height of 8’ or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck. 31. Any outdoor furnishings, accessories or plants located on the balcony and roof decks which exceed the height limits established in RPVMC §17.02.040, shall not significantly impair a view from surrounding properties. 32. The residence, ancillary site improvements and the accessory dwelling unit shall remain as a single-family residential use and shall not be utilized for commercial purposes including, but not limited to, a commercial venue, banquet facility or short- term rental, with the exception of filming through the approval of a City-issued Film Permit. Accessory Dwelling Unit 33. The height of the approved accessory dwelling unit shall be as depicted on the stamped APPROVED plans and in no case shall exceed the maximum height of 15.92’, as measured from the lowest finished grade adjacent to the structure (elev. 426.00’) to the highest proposed roof ridgeline (441.92’). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO ROOF SHEATHING INSPECTION, based on the above mentioned instructions. 34. The approved accessory dwelling unit shall maintain a 1,354.0’ front, 192.4’ west side, 997.8’ east side and 218.7’ rear yard setbacks. SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO POURING FOUNDATIONS. 35. One enclosed parking space for the accessory dwelling unit shall be maintained in the garage for the primary residence at all times. 36. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, the Applicant shall record a covenant stating that the primary unit and accessory dwelling unit shall remain under the same ownership and that the accessory dwelling unit shall 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 14 of 17 not be sold separately from the primary unit in order to maintain the right to have an occupancy certification. 37. Either the primary dwelling unit or the accessory dwelling unit shall be owner occupied in order for the accessory dwelling unit to qualify for and maintain the right to have an occupancy certification. 38. Unless modified by the approval of future planning applications, the approved accessory dwelling unit shall include, in accordance with the Uniform Building Code, one full bathroom and one kitchen and shall not include any additional bathrooms or kitchens. The accessory dwelling unit shall also be limited to a maximum of two bedrooms. Point View Master Use Plan 39. The single-family residential use and associated improvements including the residence, ancillary site improvements and accessory dwelling unit shall remain in conformance with the Conditions of Approval and provisions of the Point View Master Use Plan. Landslide Moratorium Exception Category ‘T’ 40. The Applicant shall be required to comply with all Exception Category ‘T’ provisions as set forth in RPVMC § 15.20.040 (T) (Exceptions), including but not limited to the recording of a covenant on the subject property, prior to development, in a form approved by the City Attorney running with the land and enforceable by City:  Prohibiting future subdivision of said property of the area easterly of the Moratorium Line approved March 9, 2011, as shown on the site plan in Exhibit “B” of City Council Resolution No. 2019-24.  Acknowledging that the City makes no representation as to the suitability of the land for development and the property owner assumes all risk, and  Providing for trail dedication (portion of connecting the Three Sisters Reserve and the Filiorum Reserve). RPVMC §15.20.050 Landslide Mitigation Measures 41. If lot drainage deficiencies are identified by the Director of Public Works, all such deficiencies shall be corrected by the Applicant. 42. If the project involves additional plumbing fixtures, or additions of habitable space which exceed 200 square feet, or could be used as a new bedroom, bathroom, laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer system, septic systems shall be replaced with approved holding tank systems in which to dispose of on-site waste water. The capacity of the required holding tank 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 15 of 17 system shall be subject to the review and approval of the city's building official. For the purposes of this subsection, the addition of a sink to an existing bathroom, kitchen or laundry room shall not be construed to be an additional plumbing fixture. For those projects which involve additions of less than 200 square feet in total area and which are not to be used as a new bedroom, bathroom, laundry room or kitchen, the applicant shall submit for recordation a covenant specifically agreeing that the addition of the habitable space will not be used for those purposes. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. For lots or parcels which are to be served by a sanitary sewer system on or after the effective date of the ordinance codified in this section (July 6, 2000), additional plumbing fixtures may be permitted and the requirement for a holding tank may be waived, provided that the lot or parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is approved and/or under construction but is not yet operational at the time that a project requiring a landslide moratorium exception permit is approved, the requirement for a holding tank may be waived, provided that the lot or parcel is required to be connected to the sanitary sewer system pursuant to RPVMC § 15.20.110 (Required Connection to Operational Sanitary Sewer System), or by an agreement or condition of project approval. 43. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE , roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course as deemed acceptable by the City’s Engineer. 44. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE , if required by the City’s Geologist, the Applicant shall submit a soils report, and/or a geotechnical report, for the review and approval of the City Geotechnical Engineer. 45. If the lot or parcel is not served by a sanitary sewer system, the Applicant shall submit for recordation a covenant agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the City. Such covenant shall be submitted to the Director prior to the issuance of a building permit. 46. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to an irrevocable offer to dedicate to the City a sewer and storm drain easement on the subject property, as well as any other easement required by the city to mitigate landslide conditions. Such covenant shall be submitted to the director prior to the issuance of a building permit. 47. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE , the Applicant shall submit for recordation a covenant agreeing to construct the project strictly in accordance with the approved plans; and agreeing to prohibit further projects on the subject site without first filing an application with the Director pursuant to the terms 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 16 of 17 of RPVMC §15.20. 48. All landscaping irrigation systems shall be part of a water management system approved the Director of Public Works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. 49. If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves the Applicant's property shall be inspected to verify that there are no cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate them, prior to the issuance of any building or grading permit for the project that is being approved pursuant to the issuance of this Landslide Moratorium Exception permit. 50. The property owner shall be responsible for the installation and maintenance of their sanitary sewer system including their sanitary sewage lateral, any sanitary sewage lifting systems and the electricity required to power the system, and all underground pipes associated with their sanitary sewage system under and adjacent to their development, and the associated fixtures within the property. 51. All other necessary permits and approvals required pursuant to this Code or any other applicable statute, law or ordinance shall be obtained. PRIOR TO CERTIFICATE OF OCCUPANCY 52. The Applicant shall submit complete Landscape Plans and associated Trust Deposit to the Planning Division for review and approval by the Director of Community Development. The final approved landscaping shall be installed prior to issuance of a Certificate of Occupancy for the residence. The landscape plans may be required to comply with the State of California Water Efficient Landscape requirements, as determined by the City’s Landscape Architect. Upon completion of the installation of the landscaped areas or altered landscaped area subject to RPVMC §115.34.100, the project Applicant shall submit a certificate of completion, in the form provided by the City, for review and approval by the Director of Community Development. The certificate of completion shall be executed by either the licensed landscaped architect, licensed landscape contractor or the certified irrigation designer that signed any of the documents submitted as part of the landscape documentation package. 53. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to Certificate of Occupancy. 01203.0005/641143.1 P.C. Resolution No. 2020-04 Page 17 of 17 54. The 607ft2 temporary care-taker unit located at the most eastern portion of the existing Event Garden parking area shall be removed from the premises within 14- days of Certificate of Occupancy issuance.