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PC RES 1993-046 'N 411 P.C. RESOLUTION NO. 93- .46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING GRADING PERMIT NO. 1711 FOR 14, 330 CUBIC YARDS OF GRADING FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH DETACHED POOL HOUSE, GUEST HOUSE, TENNIS COURTS, PLAYING FIELD, AND DETACHED SECOND UNIT WITH ITS OWN DETACHED GARAGE ON PROPERTY LOCATED AT 6100 VIA SUBIDA WHEREAS, on September 3, 1993, Mr. Scott Yanofsky, on behalf of Mr. and Mrs. Marvin Winkler, submitted a request for Grading Permit No. 1711, in conjunction with Conditional Use Permit No. 177, Environmental Assessment No. 657, and a Miscellaneous Hearing for construction of a new 13, 617 square foot residence, including garage, with a pool, spa, tennis court, and playing field, and a detached 356 square foot pool house, 703 square foot guest house (without kitchen facilities) and a 1,200 square foot "second unit" (with kitchen facilities) and its own 567 square foot detached garage on property located at 6100 Via Subida; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA") , the State's CEQA guidelines, California Code of Regulation, Title 14, Section 15000 et. seq. , the City's Local CEQA Guidelines, and Government Code Section 65952 .5 (e) (Hazardous Waste and Substance Statement) , an Initial Study has been prepared in association with Environmental Assessment No. 657, and a Negative Declaration has been issued which states that, while there may be impacts associated with construction on the subject property, the impacts are not considered significant; and, WHEREAS, after notice issued pursuant to the requirements of the. Development Code, the Planning Commission of the City of Rancho Palos Verdes held a public hearing on November 23 and December 6, 1993 , 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 has reviewed and considered the proposed Negative Declaration, the public comments upon it, and other evidence before the Commission and finds that the Negative Declaration was prepared in the manner required by law. Section 2 : That the Initial Study prepared in association with Environmental Assessment No. 657 for the proposed construction found that, while there may be impacts associated with the proposed construction, these impacts are not considered to be significant. Because recommended conditions have been incorporated into the adoption of the Negative Declaration and into the approval of this permit, and because the landowner will be required to comply with all recommendations and requirements of the Division of Building and Safety, the proposed use at the specific location will not significantly adversely effect adjacent property or the permitted use thereof. Section 3: Due to the unusually large size of the lot for the zoning district in which the property is located, the number and scope of improvements proposed on the site, and the fact that grading will be balanced on site, the proposed project involving 14,330 cubic yards of grading (including 7,540 cubic yards of cut and 6,790 cubic yards of fill) is not excessive beyond that necessary for the permitted primary use of the lot. Section 4: Since the proposed grading will result in lower pad elevations, the grading and construction does not significantly adversely affect the visual relationships with, nor the views from neighboring sites. Section 5: Although the project involves approximately 14,330 cubic yards of total grading, the finished contours will remain reasonably natural since the fill will not exceed a maximum gradient of 3:1 and the main residential structure will step with the slope. Section 6: Pursuant to the provisions of Section 17.02.040 (B4) of the Rancho Palos Verdes Development Code, the Planning Commission has reasonably balanced the removal of foliage on the subject property to maintain privacy afforded by the mature trees with the restoration of views from neighboring properties. In achieving this balance, several trees on the subject property will continue to exceed a maximum height of 16 feet and will infringe upon the view from some of the neighboring properties, while other trees, not otherwise subject to removal, will be trimmed and/or removed to restore views from most of the properties. The mature trees remaining on the property will also screen and buffer views towards, and the mass of, the new structure from neighboring properties. Section 7: For the foregoing reasons and based on information and findings contained in the Staff Report and records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Grading Permit No. 1711 involving 14,330 cubic yards of grading for construction of a new single family residence and related improvements, as well as a detached guest house and a detached second unit with related improvements on property located at 6100 Via Subida, subject to Conditions of Approval attached hereto as Exhibit "All which are necessary to protect the public health, safety, and welfare. P.C. Resolution No. 93-46. Page 2 of 8 411 III PASSED, APPROVED, and ADOPTED this 14th day of December 1993 . / 1 / ilib Robert Katherman Chairman 3 . Bret B Be ard, AICP, Director o Pla ing, Building, and Code Enforcement and Secretary to the Commission P.C. Resolution No. 93-46 Page 3 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL GRADING PERMIT NO. 1711 6100 VIA SUBIDA 1. The landowners and their representatives shall comply with all conditions of approval contained in P.C. Resolution No. 93- , approving Conditional Use Permit No. 177 and all recommended mitigation measures contained in the adopted Negative Declaration. 2. Within thirty (30) days of this approval, the landowner shall submit, in writing, a statement that they have read, understand, and agree to all conditions of approval contained herein. Failure to submit said written statement shall render this approval null and void. 3. Unless the Department of Fish and Game determines that this project is exempt from a filing fee imposed pursuant to Fish and Game Code Section 711.4, the applicant shall submit to the City payment of such fee made payable to the County Clerk of Los Angeles, along with the County's documentation fee, not later than forty-eight (48) hours after the appeal period for the project expires. The applicant shall also be responsible for payment of any fines the Department of Fish and Game determines to be owed. Project approval is not operative, vested, or final until the filing fees are paid or a Certificate of Fee Exemption is properly completed. A minimum fee of twenty-five dollars ($25.00) for documentation handling shall be submitted to the City within forty-eight (48) hours after the appeal period for the project expires for processing of the Certificate of Fee Exemption (De Minimus Impact Finding). 4. This approval is for a total of 14,330 cubic yards of grading, including approximately 7,540 cubic yards of cut and 6,790 cubic yards of fill. All grading shall be balanced on site. Any modifications to this approval or to the quantities of grading shall be subject to review and approval by the Director of Planning, Building, and Code Enforcement. Any changes involving more than one thousand (1,000) cubic yards of grading, or any import or export of soil, shall be subject to review and approval by the Planning Commission. 5. All structures and related improvements, including all structure setbacks as shown on the approved plans, shall be constructed in substantial conformance with the plans reviewed and approved by the Planning Commission on November 23, 1993. P.C. Resolution No. 93 -46' - Page 4 of 8 6. With exception to four (4) towers described below in Condition No. 7, the maximum height of the main residential structure shall not exceed 16 feet as measured from the highest existing grade of 1038.86 feet that will be covered by the structure. The maximum ridge of the main residential structure shall not exceed a ridge elevation of 1054.86. CRITICAL - RIDGE CERTIFICATION REQUIRED. 7. The landowner may construct a maximum of four (4) towers as part of the main residential structure which may exceed the maximum ridge elevation of 1054.86 feet. Said towers shall not exceed a maximum ridge elevation of 1057.80 feet. CRITICAL -RIDGE CERTIFICATION REQUIRED. 8. The maximum height of all detached accessory structures, including the pool house, guest house, and second unit with its own detached garage, shall not exceed twelve (12) feet. CRITICAL - RIDGE CERTIFICATION REQUIRED. 9. Prior to issuance of Grading and/or Building Permits, the landowner shall remove the following trees, corresponding to numbers that have been physically painted on each of the trees: a. Tree No. 2 (pine) - located on the north slope b. Tree No. 11 (pine) - located on the north slope C. Tree No. 15 (elm) - located adjacent to Diamonte Lane d. Tree Nos. 16-19 (pines) - located adjacent to Diamonte Lane e. Tree No. 24 (Grevillea) - located adjacent to Diamonte Lane f. Tree No. 25 (pine) - located adjacent to Diamonte Lane 10. Prior to issuance of Grading and/or Building Permits, the landowner shall trim and/or remove the following trees on an individual basis, as Directed by the Director of Planning, Building, and Code Enforcement. The following tree numbers correspond to numbers that have been physically painted on each of the trees. The numbered trees, and any other trees on the north slope and on the ridge of the north slope that are subsequently identified during the removal and trimming process shall be trimmed and/or removed as needed to restore views, when it has been determined by the Director of Planning, Building, and Code Enforcement that the trees significantly impair the view from properties located at 5, 12, 13, 14, and 15 Diamonte Lane: a. Tree No. 1 (pine) - located on the north slope b. Tree Nos. 3a, 3b, 3c (Canary Island pines) - located on the north slope C. Tree Nos. 4-10 (pines) - located on the north slope d. Tree No. 12 (eucalyptus) - located on the north slope e. Tree Nos. 13 and 14 (Canary Island pines) - located on the north slope P.C. Resolution No. 93- 46 Page 5 of 8 9 0 f. Tree Nos. 20-21 (pines) - located on the north slope 9- Tree No. 22 (eucalyptus) - located on the north slope h. Tree No. 23 (pine) - located on the north slope i. Tree No. 26 (pine) - located adjacent to the driveway 11. Prior to issuance of Grading and/or Building Permits, the landowner shall trim and maintain all trees/shrubs located within a twenty (20) foot perimeter surrounding the proposed second unit so as not to exceed a maximum height of sixteen (16) feet as measured from the pad elevation of the second unit. 12. Prior to issuance of Grading and/or Building Permits, the existing cluster of mixed species trees and shrubs located adjacent to Diamonte Lane, directly across from 5 Diamonte Lane, shall be trimmed so as not to exceed a maximum height of sixteen (16) feet as measured from the pad elevation of the second unit. 13. Within thirty (30) days following the trimming and removal of foliage described in Condition Nos. 9-12 (inclusive) above, the City shall take photographs from each property located at 5, 12, 13, 14, and 15 Diamonte Lane to document the views. These photographs shall be supplemented by submittal of a "Documentation of Existing Foliage" form, available from the City, to be completed by each owner of the properties described above in this condition. The landowner shall be required to maintain all foliage on the property so that it does not grow to a height exceeding the heights depicted in these photographs. 14. Subsequent to the trimming and removal of foliage described in Condition Nos. 9-12 above (inclusive), and prior to issuance of Final Building Permits for any new structure, the landowner shall provide the City with a diagram identifying the location, type, and height of trees which have been approved to exceed the maximum ridge elevation of 1054.86 feet (16 feet above the pad elevation). Said document shall be recorded in conjunction with a covenant, running with the land, to maintain the foliage in the approved configuration. 15. The landowner shall comply with all recommendations and requirements of the City Engineer, the City Geologist, and the Division of Building and Safety. 16. Dust and dirt shall not be permitted to leave the site in visible quantities. During grading and construction, the landowner and their representatives shall take measures to reduce dust, including but not limited to watering of the site each morning and each afternoon before and after construction, and as needed during the day to control dust. All grading operations shall cease when winds exceed 40 miles per hour. P.C. Resolution No. 93-46. - Page 6 of 8 • 17. All grading and construction equipment shall be regularly tuned and maintained to reduce noise and emissions. 18. All created slopes shall not exceed a maximum gradient of 3:1. 19. No fill shall exceed a depth of five (5) feet. 20. Hours of grading, construction, and landscaping shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall be permitted on Sunday or on legal holidays. 21. If grading activity is to occur between the months of October and May (inclusive), then prior to issuance of grading and/or building permits, the landowner shall submit to the City an erosion control plan for review and approval by the City Engineer. The erosion control plan shall be prepared by a Registered Civil Engineer, Certified Geotechnical Engineer, or City approved erosion control specialist and shall include the following: a Runoff calculations and other calculations demonstrating adequacy of drainage devices. b. Detailed plans of all surface and subsurface drainage devices. C. Revegetation proposal for all surfaces exposed or expected to be exposed during development activities, including weight and fill slopes. d. Temporary replanting of vegetative cover, mulching, jute netting, or a combination thereof of all disturbed surfaces not involved in immediate operations, as well as immediately after completion of activities within the particular area. 22. Prior to issuance of grading and/or building permits, the landowner shall submit to the City a landscape planting and irrigation plan which shall include the following: a. Plans for revegetation of all graded areas, including erosion controlling, drought tolerant plant materials. b. A minimum of 80 percent drought tolerant plant materials in all landscaped areas. C. Use of separate drip irrigation systems for all high water use areas. P.C. Resolution No. 93-46. Page 7 of 8 • d. Relocation of the existing palm trees, currently located on the proposed pad and adjacent to the existing structure, in a configuration to be approved by the Director of Planning, Building, and Code Enforcement to minimize view impairment from properties located on Diamonte Lane. 23. The grading and/or construction plan shall include provisions for installation of drainage control devices to minimize any runoff and drainage over the bluff face located adjacent to properties located at 6110 and 6112 Via Subida. 24. Pool fencing of a minimum height of five (5) feet and a maximum height of six (6) feet with self-closing, self - latching gates shall be required. 25. Any fencing around the tennis court in excess of six (6) feet in height shall require review and approval of a Minor Exception Permit. 26. Prior to issuance of final building permits, the landowner shall submit an exterior lighting plan for review and approval by the Director of Planning, Building, and Code Enforcement. All exterior lighting shall be shielded and directed downwards to prevent direct illumination of or towards neighboring properties. Lights affixed to the structures shall not exceed the height of the eaves. All other exterior lighting shall comply with Section 17.54 of the Rancho Palos Verdes Development Code. Any tennis court lighting proposed in the future shall require review and approval through a separate Conditional Use Permit. 27. The landowner shall comply with all recommendations and requirements of the Los Angeles County Fire Department. P.C. Resolution No. 93 -46 - Page 8 of 8