PC RES 2008-048 P.C. LUTI -4
RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALPALOS VERDESAPPROVING A TRACT MAP AMENDMENT,
CONDITIONAL USE PERMIT VISI AND GRADINGPERMIT (CASE
2007- 0061) FOR ADJUSTING "RESTRICTED USE AREA
NEW 9,225-SQUARE-FOOT 2-STORY 1 L - A IL RESIDENCE
2,000 CUBIC YARDS OF RELATEDGRADING,ON PROPERTY L CATS
T 2902 VIL MAR (LOT 6, TRACT 32991)
WHEREAS, on July 12, 1977, Conditional Use Permit No. 23 (CUP 23) was
approved by the Planning Commission to establish the Seacliff Hills community as a
residential planned development (RPD), which included the approval of specific building
footprints and limits of grading for each of the fifty-seven (57) approved residential lots;
and,
WHEREAS, on February 7, 2007, the applicants, Dominic and Kim
DiDominicantonio, submitted an application for an amendmentto the tract map, a revision
to CUP 23 and a grading permit(Case No. ZON2007-00061)to allow the development of a
new single-family residence on a vacant upsiope lot in the Seacliff Hilltop community which
deviated from the approved building footprint and limits of grading; and,
WHEREAS, on August 26, 2008,the project was deemed complete for processing
by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that the approval of the requested tract map
amendment, conditional use permit revision and grading permit would have a significant
effect on the environment and, therefore, the proposed project has been found to be
categorically exempt (Section 15303(a)); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on September 23, 2008, at which time the Planning Commission continued the public
hearing to the October 14, 2008 meeting; and,
WHEREAS, on October 14, 2008, 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 the interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on October 14, 2008, the Planning Commission continued the item to
the November 25, 2008 Planning Commission meeting to allow time for the applicant to
address concerns with the project's neighborhood compatibility with regards to architectural
design, bulk and mass; and,
WHEREAS, on November 25, 2008, 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.
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 request for a revision to Conditional Use Permit No. 23 to deviate from the
approved building footprint and limits of grading for Lot 9 of Tract No. 32991 in the Seacliff
Hilltop community:
A. The site for the intended use is adequate in size and shape to accommodate said
use. Pursuant to CUP 23, this lot was originally approved for a 3,940-square-foot,
multi-level single-family residence resulting in 9.5-percent lot coverage. The
proposed 9,225-square-foot,2-story single-family residence is located in roughly the
same position and orientation on the lot as the originally-approved residence, but
would result in 28-percent lot coverage. The maximum permitted lot coverage for a
downslope lot such as this is thirty percent (30%). However, all of the other
developed properties in the immediate neighborhood exceed the allowable lot
coverage, either because they were built before the adoption of the Seacliff Hills
Development Guidelines, or because revisions to CUP 23 were later granted by the
Planning Commission or City Council. The proposed project meets all of the
required setbacks for this lot.
B. The site for the proposed use relates to streets and highways properly designed to
carry the type and quantity of traffic generated by the subject use. The subject
property is served by an existing public street(Vista del Mar)that serves all eleven
(11)lots in the Seacliff Hilltop community and connects to Palos Verdes Drive East.
The proposed project will not alter the nature of traffic generated by the lot as
compared to the originally-approved residence.
C. There will be no significant adverse effect on adjacent property or permitted uses.
The subject property is located adjacent to the "Switchbacks" area of the City's
Natural Communities Conservation Planning (NCCP)preserve. A biological survey
was performed, which identified that there are no existing sensitive plant or animal
species on the subject property, and determined that the project would not have
direct or indirect effects upon habitat areas within the NCCP preserve.
D. The proposed use is not contrary to the General Plan. The General Plan land use
designation for the subject property is Residential, <1 DU/acre. The development
and improvement of single-family residences are among the primary permitted uses
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within this land use designation. This is also reflected in Housing Activity Policy
No. 3 of the General Plan (p. 78), which 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."
E. All eleven (11) lots in the Seacliff Hilltop community are subject to the Natural (OC-
1)and Urban Appearance (OC-3)overlay control districts, as established pursuant
to Sections 17.40.040 and 17.40.060, respectively, of the City's Development Code.
With the exception of lot coverage,the project will not propose any activities that are
contrary to the provisions of the OC-1 and OC-3 Districts. The OCA performance
criteria recommend no more than 10-percent coverage, while CUP 23 allows 30-
percent coverage.on downslope lots such as the subject property, and the project
proposes 28-percent coverage. However, none of the existing homes in the
immediate neighborhood are consistent with this performance criterion.
F. Conditions have been imposed to protect the health, safety and general welfare,
which include a number of conditions of approval to ensure the consistency of the
project with the Seacliff Hills Development Guidelines and the OCA and OC-3
overlay control districts, as well as to address neighbors' concerns, as identified in
Exhibit `A' attached hereto.
Section : The Planning Commission makes the following findings of fact with
respect to the request for a grading approval for 1,200 cubic yards of grading associated
with the construction of the single-family residence:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. Based upon the underlying RS-1 zoning designation, the primary
permitted use of the property is for single-family residential development. All of the
proposed grading will be conducted to accommodate the structure and access to
the site. Although the total grading quantity (2,000 C`() is above the 1,000-cubic-
yard threshold established by the Seacliff Hills Development Guidelines, the
additional grading allows the residence to be set lower into the lot, thereby
minimizing view impacts and helping to camouflage the building's size, and its
apparent bulk and mass.
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. The proposed project falls within the "by right" height limit
for upslope lots. The highest point of the roof will be only three-feet (3'-0") higher
than the highest point of existing grade covered by the structure. The adjacent
residence to the west at 2912 Vista del Mar is at the same elevation, and the
structure is oriented in a southerly direction and not in the direction of the subject
property, so the proposed project will have no significant impact upon views.
Finally, the grade within the building footprint is being lowered such that the
P.C. Resolution No. 2008-48
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residence will be lower than a similar structure that could have been built in the
same location based upon the preconstruction grade.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. The existing "natural" contours of the
project site are largely the result of past grading for the development of the Seacliff
Hills neighborhood and the construction of the existing street by the developer, and
past grading to accommodate the Palos Verdes Drive East roadway below. With
the exception of the building footprint and access to the structure from Vista Del
Mar, the topography of the remainder of the site will remain unaltered.
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. As mentioned above,the existing
"natural' contours of the project site are largely the result of human alteration in the
past. There are no significant natural topographic features that would be disturbed
by the proposed grading.
E. The proposed project is compatible with the character of the six(6) nearest homes
in the immediate neighborhood and the one residence in the tract that was
approved by the Planning Commission on September 11,2007, in terms of its size,
scale, bulk and mass, lot coverage, architectural style and setbacks.
F. The proposed project is not a new residential tract, so the required finding that the
grading includes provisions for the preservation and introduction of plant materials
so as to protect slopes from soil erosion and slippage and minimize the visual
effects of grading and construction on hillside areas is not applicable in this case.
G. The proposed project does not involve modifications to streets or other public
infrastructure, so the required finding that the grading utilizes street designs and
improvements which serve to minimize grading alternatives and harmonize with the
natural contours and character of the hillside is not applicable in this case.
H. There is no evidence of sensitive species or habitat on the subject property, so the
required finding that the grading would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of
vegetation is not applicable in this case.
I. The grading conforms to certain City standards for grading, but is inconsistent with
the criteria related to the maximum depth of cut; the number and height of upslope
retaining walls adjacent to the driveway; the number and height of retaining walls
adjacent to the driveway; and the height of the retaining wall within the front yard
setback. Deviations from these City standards are warranted because:
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i. The criteria of subsections (E)(1) through (E)(8) of RPVDC Section
17.76.040(E) are satisfied.
ii. The approval is consistent with the purposes set forth in subsection A of the
City's grading regulations, which stated purpose is to "[permit] reasonable
development of land..."; to "[ensure]that the development of each parcel of
land...occurs in a manner harmonious with adjacent lands..."; and to
"[ensure] that each project complies with the goals and polices of the
General Plan...." The proposed grading and retaining walls are consistent
with these purposes because they will allow reasonable use of the property,
will not adversely affect surrounding properties, and will be consistent with
the Residential <1 DU/acre land use designation for the area.
iii. Departure from the standards in subsection (E)(9)will not constitute a grant
of special privileges inconsistent with the limitations upon other properties in
the vicinity. The retaining walls accommodate a detached garage, and will
facilitate ingress/egress and provide a turn-around area. Without these
retaining walls,the structures would be located higher in elevation and would
likely encroach into view frames from other residences across the street and
from the Vista del Mar roadway. Further, the retaining wall within the front
yard setback will not visible because it will be located between the street and
the new residence. Since this area slopes down from the street, the height
of the wall will not be visible except from the residence on the subject
property.
Further, according to site visits, aerial photographs, and research of other
developments in the immediate neighborhood, other properties were
afforded similar retaining walls and grading to facilitate construction of
residential structures.
iv. Departure from the standards of subsection (E)(9)will not be detrimental to
the public safety nor to other property. The City's geotechnical consultant
has granted conceptual approval of the project, and additional review and
analysis will be required before the soil engineering report for the grading,
retaining walls and structure is granted final approval for construction. The
applicant will also be required to obtain a building permit for the project,
including the review of site drainage.
Section 3e The Tract Amendment request will not alter any right,title or interest in
real property reflected on the recorded map. The amendment to the tract would be specific
to Lot 6 only, and would allow adjusting the"Restricted Use Area"so that a driveway and a
portion of the residence can be constructed outside the area of restriction.
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ection4: The proposed Tract Amendment to adjust the "Restricted Use Area"
will not create a geotechnical hazard to the property or to adjacent property as determined
by the City's Geotechnical Consultant.
Section : Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.60.060 and
17.76.040(1-1)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate appeal fee, no later than
fifteen (15)days following November 25, 2008, the date of the Planning Commission's final
action.
Section : For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Case No. ZON2007-00061 for a tract map amendment, a
conditional use permit revision and grading approval for adjusting a "Restricted Use Area",
a new 9,225-square-foot 2-story single-family residence and 1,200 cubic yards of related
grading, on property located at 2902 Vista del Mar (Lot 6, Tract 32991), subject to the
conditions of approval contained in the attached Exhibit `A', attached hereto and made a
part hereof, which are necessary to protect the public health, safety, and welfare.
PASSED, APPROVED, AND ADOPTED this 25th day of November 2008, by the
following vote:
AYES: Perestam$ Ruttenberg, Tetreault, Tomblin
NOES: Knight, Lewis
ABSTENTIONS: None
ABSENT: Gerstner
RECUSALS: None
Stephan Perestam
Chairman
Joel RojasVPrcement;Al
P
Director ofnning, B ing
and Code and,
Secretary to the Planning Commission
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FII IT
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2007-00061
(DIDominicantonlo, 2902 Vista del Mar)
General Conditions:
I Prior tothe submittal of plans into Building and Safety plan check,the applicant and
the property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for the construction of an 8,389-square-foot 2-story single-family
residence, an 836 square foot detached 3-car garage, and 1,200 cubic yards of
grading. Specifically,the residence will contain a 4,034 square foot upper level and
a 4,355 square foot lower level. The approved grading consists of 1,000 cubic
yards of cut, and 200 cubic yards of fill is allowed by this approval.
4. The tract map amendment allows the adjustment of the"Restricted Use Area"along
the east side property line to accommodate the new driveway for the project, and
300 square feet of the new residence. Specifically, the"Restricted Use Area"will be
narrowed from its existing 33.79-foot width to 20-foot width.
5. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans and any of the conditions of approval if
such modifications will achieve substantially the same results as would strict
compliance with the approved plans and conditions. Otherwise, any substantive
change to the project shall require approval of a revision to the conditional use
permit and/or grading permit by the Planning Commission and shall require new and
separate environmental review.
6. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-1 district
development standards and the OCA and OC-3 overlay control district performance
criteria of the City®s Municipal Code.
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7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
8. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless, prior
to expiration, a written request for extension is filed with the Department of
Planning, Building and Code Enforcement and approved by the Director.
Otherwise, a conditional use permit revision and/or grading permit revision must be
approved prior to further development.
9. Final approval from the City's NPDES and Geotechnical consultants is required prior
to issuance of a grading and/or building permit from the Building and Safety
Division.
10. Prior to building permit final,the property owner shall either submit a letter from the
Los Angeles County Fire Department indicating that no brush clearance is
necessary within the City-owned abutting Preserve property as a result of the new
residence or request the City to perform any brush clearance mandated by the Los
Angeles County Fire Department within the City's NCCP preserve area. The
subject property owner of 2902 Vista del Mar shall be responsible for the cost of the
initial brush clearance and any subsequent maintenance clearing performed by the
City. In addition, priorto performing the initial brush clearance,the subject property
owner shall conduct a biological survey to determine if there is any Coastal Sage
Scrub (CSS) or other special status plants as defined by the City's NCCP,within the
area that must be cleared. Since CSS is the habitat of the federally listed California
gnatcatcher, according to the City's NCCP, any loss of CSS habitat resulting from
the required brush clearance is required to be mitigated at a 3:1 ratio. Such
mitigation may be provided by actual re-vegetation and a five-year maintenance
plan to ensure the new habitat properly establishes, or by the payment of a
mitigation fee that is applied towards on-going CSS re-vegetation projects
undertaken by the City within the City's habitat preserve. The fee is based on a
$25,000 per acre re-vegetation cost applied to the total amount of mitigation
needed, as identified in the City's NCCP.
11. 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.
12. 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.
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13. 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.
14. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks and other construction vehicles shall not park, queue and/or idle at
the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated
above.
15. 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.
16. A weatherproof sign shall be posted and maintained on the construction fence
setting forth the name and contact information of the person(s) and/or
superintendent in charge of the construction at the subject property. Said sign shall
be displayed in a prominent location where the sign can be read from the Vista del
Mar roadway, and shall be limited to four square feet in area.
17. A minimum 3-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20' in depth, with minimum 7' vertical clearance.
18. Any fence located between the front property line and the closest portion of the
house shall be limited to forty-two inches (42") in height, unless an application for a
minor exception permit for a taller fence (6-foot-tall maximum) is approved by the
Director of Planning, Building and Code Enforcement in conjunction with the site
landscape plan.
19. All site landscaping and other improvements shall be installed and maintained in
compliance with the applicable performance criteria of the Natural (OC-1) and
Urban Appearance (OC-3) Overlay Control Districts.
20. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code, and shall not exceed
2,000 W incandescent(or equivalent). No single lighting fixture may exceed 150 W
incandescent (or equivalent).
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21. The applicant shall obtain an encroachment permit from the Director of Public
Works for any temporary or permanent improvements or activities within the public
right-of-way of Vista del Mar.
22. The stockpiling, rough cutting and preparation of raw stone for the exterior veneer of
the structure shall not be permitted on the subject property. The storage and cutting
of finished stone shall be permitted on site only for the final fitting and installation of
the stone veneer. The use of a minimal number of stonecutting saws shall be
permitted, provided that such saws are located immediately adjacent to the areas
where the stone veneer is being applied, and as far as possible from nearby
residences.
Condition Use Permit Revision Conditions:
23. This approval is for a 4,034 square foot upper level; a 4,355 square foot lower level;
and an 836 square foot detached garage closer to the street. BUILDING AREA
CERTIFICATIONS REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to building permit final.
24. The maximum ridgeline of the approved project is 851.50'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection. Further,the maximum overall height of
the residence shall not exceed 30-feet, as measured from lowest finish grade
elevation (8215) to the highest ridgeline elevation..
25. The approved residence shall maintain setbacks of 70'-8"front, 85'-9"rear,31'west
side and 24' east side. BUILDING SETBACK CERTIFICATION REQUIRED,to be
provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection.
26. The approved detached garage shall maintain a minimum front yard setback of 25-
feet and a minimum side setback to the west side property line of 10-feet.
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
27. The approved project shall maintain a maximum of 28% lot coverage as calculated
pursuant to the Seacliff Hills Development Guidelines. Maximum hardscape
coverage within the 20-foot front-yard setback area shall not exceed 50%.
28. Prior to Building Permit issuance, the applicant shall submit a site landscape plan
for the review and approval of the Director of Planning, Building and Code
Enforcement. Said plan shall include any proposed walls or fences in accordance
with the Seacliff Hills Development Guidelines. The landscape plan should be
designed to:
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a. Screen buildings from Vista del Mar;
b. Soften architectural features;
c. Improve the transition between open space areas and buildings;
d. Stabilize slopes;
e. Emphasize the use of drought-tolerant plantings; and,
f. Protect views from nearby properties.
All project site landscaping shall be installed within ninety (90) days of building
permit final.
29. The swimming pool and spa shall be located no less than three feet(3'-0")from the
side and rear property lines. SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection. The pool and spa equipment shall be located at least ten feet (10'-0")
from the side and rear property lines unless manufacturers' specifications are
provided that demonstrate that the equipment will not generate noise in excess of
65 dBA at the property line, in which case the equipment may be located no less
than three feet (3'-0") from the side and rear property lines. Pool fencing shall be
provided in accordance with the requirements of the Building Code.
30. Prior to Building Permit issuance, the applicant shall provide samples of the
proposed glazing and roofing materials forthe review and approval of the Director of
Planning, Building and Code Enforcement. The applicant shall employ glazing and
roof materials that are not excessively bright or reflective, to the satisfaction of the
Director.
31. Aside from site improvements explicitly approved by these conditions of approval,
any future request for additions, accessory structures or additional grading that
increase the lot coverage for the site shall require the approval of a further revision
to Conditional Use Permit No. 23 by the Planning Commission, and shall be subject
to new and separate environmental review.
Grading Approval Conditions:
32. The permitted grading quantities shall be as follows:
Area Cut Fill Total Earth
I Movement
House 1200 CY 0 CY 1,200 CY
Footprint ,
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Outside 650 CY 150 CY 800 CY
Footprint
Total 1,850 CY 150 CY 2,000 CY
ROUGH AND FINAL GRADE CERTIFICATION REQUIRED.
33. The applicant shall furnish the City with copies of landfill receipts for the approved
export of 1,700 cubic yards of material prior to Building Permit final.
34. Haul routes used to transport soil exported from the project site shall be approved
by the Director of Public Works.
35. The maximum height of the upslope retaining wall adjacent to the driveway and
garage shall be limited to 8-feet in height and the maximum height of the upslope
retaining wall within the front yard area shall be limited to 10-feet in height. The
maximum height of the downslope retaining wall in the rear yard shall not exceed 3'-
6". All retaining walls visible form the street shall be landscaped with shrubs and/or
vines, to the maximum extent practicable and to the satisfaction of the Director of
Planning, Building and Code Enforcement prior to building permit final.
36. Maximum new slopes shall not exceed 67% adjacent to the driveway and 35%
elsewhere on the property.
37. Prior to the issuance of a grading permit by the City's Building Official, the applicant
shall obtain final approval of the grading plan from the City's geotechnical
consultant. The applicant shall be responsible for the preparation and submittal all
soil engineering and/or geology reports required by the City's geotechnical
consultant in order to grant such final approval.
38. The maximum slope of the driveway shall not exceed 20 percent(proposed: 19%).
DRIVEWAY GRADE CERTIFICATION REQUIRED PRIOR TO GRADING AND/OR
BUILDING PERMIT FINAL.
Tract Map Amendment Condition
39. The tract map amendment for adjusting the "Restricted Use Area", complete as to
final form, shall be submitted and approved by the City Engineer prior to issuance of
a grading and/or building permit.
40. The adjusted "Restricted Use Area", as illustrated on the plans approved by the
Planning Commission and approved by the City Engineer,shall be recorded with the
Los Angeles County Recorders Office within ten working days from the date of
approval by the City Engineer.
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