PC RES 2016-010P.C. RESOLUTION NO. 2016-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING VESTING
PARCEL MAP NO. 73817 AND GRADING PERMIT TO ALLOW THE
SUBDIVISION OF AN EXISTING VACANT LOT AT 30389 PALOS
VERDES DRIVE EAST (PVDE) INTO TWO SEPARATE LOTS AND TO
ALLOW THE DEVELOPMENT OF ONE SINGLE-FAMILY DWELLING
UNIT ON EACH LOT. PARCEL NO. 1 WILL BE 21,682.72FT2 IN AREA
AND IMPROVED WITH A 5,390FT2 TWO-STORY RESIDENCE WITH
1,719 CUBIC YARDS OF RELATED GRADING. PARCEL NO. 2 WILL
BE 21,925FT2 IN AREA AND IMPROVED WITH A 7,616FT2 THREE-
STORY RESIDENCE WITH 1,817YD3 OF RELATED GRADING (CASE
NOS. S U B2015-00001, ZO N 2015-00187 & ZO N 2016-00314).
WHEREAS, on April 10, 2015, applications were submitted for Vesting Tentative Parcel
Map No. 73817 and a Grading Permit for 30389 Palos Verdes Drive East; and,
WHEREAS, based on a preliminary review, the application was deemed incomplete on
May 8, 2015. After subsequent submittals and reviews of additional information by Staff and the
City Engineer, Staff deemed the project complete on June 2, 2016; and,
WHEREAS, on June 30, 2016, notice of the Initial Study and draft Mitigated Negative
Declaration and Grading Permit was sent to all property owners within 500' of the subject site
and appropriate public agencies for a minimum comment period of 20 -days, commencing on
June 30, 2016, and concluding on July 20, 2016. Additionally, the notice was published on the
same day in the Peninsula News; 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), the Planning Commission of the City of Rancho Palos Verdes adopted P.C.
Resolution No. 2016-09 certifying the project's Mitigated Negative Declaration by finding that the
City prepared an Initial Study and determined that there is no substantial evidence that the
approval of Tentative Parcel Map No. 73817 and Grading Permit would result in a significant
adverse effect on the environment with the implementation of the appropriate mitigation
measures as cited in the Mitigation Monitoring Program, and that the Mitigated Negative
Declaration was prepared and notice thereof was given in the manner required by law; and,
WHEREAS, after notices were issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on July
26, 2016, 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 project involves Vesting Tentative Parcel Map No. 73817 and a Grading
Permit to approve the subdivision of an existing vacant lot into two separate lots for the
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development of two single-family residences. More specifically, the applicant proposes to
subdivide an existing 43,610ft2 lot into two separate Tots. Lot 1 is proposed to be 21,682.72ft2 in
size with a residence of 5,390ft2, and 1,719yd3 of associated grading. Lot 2 is proposed to be
21,925.86ft2 in size with a residence of 7,616ft2, and 1,817yd3 of associated grading.
Section 2: Tentative Parcel Map No. 73817 complies with the requirements set forth in the
State's Subdivision Map Act, the Development Code and other applicable sections of the City's
Municipal Code, because the Planning Commission finds that:
A. The proposed map is consistent with the City's General Plan. More specifically, the
subject parcel is located within the General Plan land use designation of "Less than one
dwelling unit per acre" (<_1 d.u./acre). All new residential lots within the 51 d.u./acre
density range must maintain a minimum lot size of 20,000ft2, which is also the minimum
lot size required for properties in the RS -2 zoning district. Additionally, Lots 1 and 2 will
be 21,682.72ft2 and 21,925.86ft2 in size, respectively, which is consistent with the 51
d.u./acre General Plan land use designation.
B. The design or improvement of the proposed subdivision is consistent with the General
Plan designation of "Less than one dwelling unit per acre" (<_1 d.u./acre). More
specifically, the General Plan requires new lots to comply with the lot dimensions listed
in the Development Code under the appropriate zoning district. The subject parcel is
located within the RS -2 zone district. Based on the existing zoning, the proposal
complies with the requirements set forth in the Development Code. Specifically, code
requires that new lots within the RS -2 zone district are at least 20,000ft2 in size, and
have a minimum lot width 90' and a minimum lot depth of 120'. Lot 1 is proposed to be
21,682.72ft2 with a width of 175.08 and a depth of 125.56 and Lot 2 is proposed to be
21,925.86 ft2 with a width of 170.08 and a depth of 130.45, thus meeting the minimum lot
dimension requirements. Additionally, both Lots 1 and 2 will have ingress and egress
from PVDE, with an easement over the driveway on Lot 1 to allow ingress and egress,
fire access and utilities for Lot 2.
C. The site is physically suitable for the proposed type and density of the development.
More specifically, the proposal complies with the requirements set forth in the
Development Code as stated above. Additionally, each of the proposed lots will have a
contiguous lot area that exceeds 6,600ft2, which is the minimum required for a RS -2
zoning district. Pursuant to Section 16.04.040.D of the Rancho Palos Verdes
Development Code (RPVDC), the contiguous lot area is the gross lot area less slopes
steeper than thirty-five (35) percent and the required setback areas. Based on the
applicant's plans (attached), the size of the contiguous lot area on each of the vacant
lots will be large enough to accommodate a single-family residence that complies with
the standards set forth in the Development Code for a RS -2 zoning district, as it pertains
to structure size, lot coverage and setbacks. Further, access will be provided from PVDE
and utilities are available for connection from existing lines in the public street right-of-
way. Additionally, the City Engineer has conceptually approved the location of septic
systems for each of the two proposed lots and other required utilities are available for
connection from existing lines within the public right-of-way on Palos Verdes Drive East.
Additionally, access will be provided from Palos Verdes Drive East, with an easement
over Lot 1 for the benefit of Lot 2.
D. The design of the subdivision for the proposed improvements will not cause substantial
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environmental damage or substantially and avoidably injure fish or wildlife or their
habitat. More specifically, in regards to significant impacts to the environment, the
Mitigated Negative Declaration certified by the Planning Commission under P.C.
Resolution No. 2016-09, the Commission determined that the proposed project will not
significantly impact the natural environment as it relates to aesthetics,
agriculture/forestry resources, air quality, biological resources, cultural resources,
geology/soils, greenhouse gas emissions, hazards and hazardous materials, hydrology
and water quality, land use/planning, mineral resources, noise, population/housing,
public services, recreation, transportation/traffic, utilities and service systems and
mandatory findings of significance in the CEQA guidelines. However, the proposed
development on the parcels may potentially impact aesthetics, air quality, cultural
resources, geology/soils, hydrology and water quality, noise, public services, and
transportation/traffic in the community unless mitigation measures are adopted. Thus, a
Mitigated Negative Declaration with appropriate mitigation measures was certified and
adopted by the Planning Commission thereby finding that these potential impacts will be
reduced to a less than significant level. Additionally, according to the General Plan's
Biotic Species Map, the subject property is not located within an area designated as a
blue line stream or an area that contains major wildlife. Further, according to the City's
Natural Communities Conservation Plan (NCCP), no Coastal Sage Scrub habitat or
sensitive species have been identified on the subject property and/or any nearby
properties.
E. The design of the subdivision or type of improvements will not cause serious public
health problems. More specifically, the proposed project consists of a split of an existing
residential lot that will not cause serious public health problems. Furthermore, the
proposed development of the vacant parcel will have to be constructed in conformance
with the City's Development Code standards and require approval by the Building &
Safety Division to ensure compliance with the California Building Code. Additionally, the
City's Geotechnical Consultant has reviewed and conditionally approved the
geotechnical reports that were prepared for the proposed parcel map. Furthermore,
prior to grading and building permits being issued by the Building & Safety Division, the
geotechnical reports will need to be approved by the City's Geotechnical Consultant. In
addition to the requirements mentioned above, the applicant will be required to improve
the vacant lot to sustain residential development, which will not be detrimental to the
public health and safety. As for drainage, Section 16.20.050 of the Development Code
requires that the applicant mitigate any potential impacts caused by drainage flow from
the subject property to any adjacent properties. Staff has incorporated conditions that
require the applicant to address all drainage flow concerns prior to issuance of building
permits for the proposed development. Further, the placement of the proposed
ingress/egress was approved by the City's contracted Engineer consultant for access to
the lots. With regards to utilities, the existing parcel is directly adjacent to a street
(PVDE) that will permit connection to existing public water lines, etc., that currently
serve the existing surrounding residential development. With regards to wastewater,
each of the new lots is proposed to have an onsite septic system, the location and
design of which will be reviewed by the Building & Safety Division.
F. The design of the subdivision or the type of improvements will not be in conflict with the
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision since there are no existing or proposed public easements on
the subject lot.
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Section 3: Approval of a Major Grading Permit to allow a total of 3,536 cubic yards of
grading to accommodate the construction of two residences of each of the proposed lots at
30389 Palos Verdes Drive East is warranted because the Planning Commission finds that:
A. The grading does not exceed that which is necessary for the permitted primary use of
the lot. The primary use of the existing subject lot is residential as identified in the City's
General Plan and Zoning map. The applicant is requesting to subdivide the existing
vacant lot to accommodate the future development of each lot. The requested Grading
Permit is to allow a total of 3,536yd3 of earth movement consisting of 1,719yd3 of grading
for Lot 1 and 1,817yd3 of grading for Lot 2. Specifically, for Lot 1, 589yd3 of cut and
11yd3 of fill (599yd3 total) is proposed under the building, while 759yd3 of cut and 360yd3
of fill (1,119yd3 total) is proposed for the driveway and patio areas. The remaining
977yd3 of cut will be exported off site. For Lot 2, 581 yd3 of cut and 54yd3 of fill (635yd3
total) is proposed under the building, while 689yd3 of cut and 493yd3 of fill (1,182yd3
total) is proposed for the driveway and patio areas. The remaining 723yd3 of cut for Lot
2 will be exported off site. A total of 1,700yd3 will be exported off site for both Lots 1 and
2. Additionally, the maximum height of cut on both proposed properties is 11.22', while
the maximum height of fill is 5.18'. Because the subject lot is an upsloping lot with an
average slope of 22.6%, a combination of cut and fill with some associated retaining
walls allow the structures to be notched into the slope. Furthermore, the amounts of
grading proposed for the driveway is necessary to construct an access driveway which
meets Fire Department specifications (width, slope, etc.) while minimizing the need for
taller retaining walls along the driveway. Given the above discussion, the proposed
grading is consistent with the primary residential use permitted for the subject lots and
the grading quantities are necessary to integrate the development into the existing
slopes to minimize impacts to surrounding properties while meeting Code and Fire
Department regulations.
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 requested grading for the proposed subdivision is to accommodate two
new residences within the City's permitted height requirements of 16'/30' for an upslope
lot. The ridgeline of the structure on Lot 1 will be 16' above the highest existing grade
adjacent to the structure, and 29' as measured from lowest finished grade adjacent to
the structure. The ridgeline of the structure on Lot 2 will be 15.66' above the highest
existing grade adjacent to the structure, and 30' as measured from lowest finished grade
adjacent to the structure. The requested grading is to notch the proposed residences
into the slope to minimize its visual appearance. As a result, although improvements will
be visible from the street level (PVDE), by notching the structure into the slope, the
grading will minimize the visual impact of the structures from the neighboring properties.
Additionally, the RPVDC states that on sloping lots, structures may have building
envelope of up to 16' on the upper side and 30' on the lower side, by right. As stated
above, this view finding does not apply when grading is utilized to lower the finished
grade under the building footprint, as proposed in the applicant's grading design.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. More specifically, although the proposed grading is not
limited to the footprint of the structure, a front yard/pool area, and driveway, the
additional grading beyond this areas is intended to prepare the site for construction of
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the residential structures as well as the ingress/egress/fire access driveways, while
minimizing the need for additional and/or taller retaining walls.
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. More specifically, the proposed grading
is designed to minimize the disturbance of natural and finished contours by limiting the
earth movement to the areas of the lot that will accommodate notching the proposed
residences into the slope to mimic the existing contours of the site. As designed, the
grading extends beyond the footprint of the structures on both lots to support
improvements ancillary to the proposed residences, as well as the driveway.
Additionally, the proposed re-contoured slopes on both lots generally follow the existing
contours of the property and result in finished contours that appear reasonably natural,
sloping up from the front of the properties to the driveway and structures. Thus, the
Planning Commission believes that the amount of grading beyond that required to
accommodate the proposed residence has been minimized.
E. For new single-family residences, the grading and/or related construction is compatible
with the immediate neighborhood character. The proposed structures are compatible
with the immediate neighborhood character. More specifically, the proposed structure
sizes will not be out of scale because the proposed structures on Lots 1 and 2 are within
the range of structure sizes for the neighborhood. As for the number of stories, although
the proposed residence on Lot 2 is proposed to be three stories, the majority of the lower
level will be completely below ground, with only north-east corner of this level (garage)
exposed to the adjacent grade (driveway), thereby minimizing the visual impact of this
additional story. Additionally, the closest point of the proposed structure on Lot 1 will be
located approximately 64' away from the front property line, and the closest point of the
structure on Lot 2 will be located approximately 166' from the front property line.
Furthermore, various design features and articulations are used to minimize the
apparent bulk/mass of the new structure. Lastly, the proposed facade treatments,
architectural style, structure height, roof design, setbacks, building materials and
bulk/mass of the new residence is similar to and thus compatible with the existing
neighborhood character.
F. In new residential tracts, 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. However, the
proposed grading does not involve a new residential tract and therefore this criterion
does not apply.
G. The grading utilizes street designs and improvements which serve to minimize grading
alternatives and harmonize with the natural contours and character of the hillside.
However, the proposed project does not involve modifications to streets or other public
infrastructure. Therefore, this criterion is not applicable to the proposed project.
H. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation because the proposed
grading area does not contain natural landscape or wildlife habitat.
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I. The grading conforms to grading standards related to maximum finished slopes,
driveways and no grading on slopes over 35% steepness.
J. The existing topographical conditions make the proposed grading and depth of cut
reasonable and necessary to develop the subject lot. The grading does not conform to
standards detailed under 17.76.040(E)(9)(c) for creating a cut not exceeding 5' depth.
However, the Planning Commission may make a finding that unusual topography, soil
conditions, previous grading or other circumstances make such grading reasonable and
necessary. Because the subject lot is an upsloping lot with an average slope of 22.6%, a
combination of cut and fill with some associated retaining walls will allow the structures
to be located on the property. Cuts up to 11.5' are proposed in order to notch the
proposed residential developments into the existing slope in order to minimize its visual
appearance. As a result, although improvements will be visible from the street level
(PVDE), by notching the structure into the slope, the grading will minimize the visual
impact of the structures from the neighboring properties. Additionally, fill up to 5.18' is
also proposed to create a level driveway to serve both lots that meets the Fire
Department and RPVDC requirements. Specifically, RPVDC Section 17.76.040. E.9.f. i
requires that driveways do not exceed twenty percent slope except for one length up to
10 linear feet which may have a slope up to 22%. As such, the Planning Commission
believes that the existing topographical conditions make the proposed grading and depth
of cut reasonable and necessary to develop the subject lot in accordance with the Fire
Department and RPVDC standards.
K. There is no proposed grading on slopes over 50% steepness.
L. The proposed driveway does not exceed 20% slope and slopes of only up to 33%
are proposed adjacent to the driveway.
i. Driveways which exceed twenty percent slope shall not be permitted
except that one length, not at the point of access, of not more than
ten linear feet may have a slope of up to twenty-two percent;
ii. Slopes not greater than sixty-seven percent may be permitted
adjacent to driveways;
M. Because both Lots 1 and 2 are sloping Tots that ascend from the street of access,
allowing two small retaining walls up to 3' high along the driveway on Lot 1, and two
small downslope retaining walls up to 2.5' high, as well as small retaining walls up to 3.0'
along the driveway on Lot 2, will help to minimize the amount of grading that is required,
thus ensuring the maximum preservation of natural scenic character of the area. If the
project did not include these several smaller retaining walls, additional grading would
likely be needed for the construction of a single taller wall on each lot, resulting in
potential adverse visual impacts from PVDE and additional disturbance to the site. Also,
if the 9' retaining wall at the rear of Lot 2 was not included in the proposed project,
additional grading would have likely been required over the remaining portions of the
slope to adequately blend the proposed building pad for Lot 2 into the existing slope.
Further, granting approval to allow several smaller retaining walls on Lots 1 and 2 would
not constitute granting of special privileges inconsistent with the limitations upon other
neighboring properties because many of the lots in the immediate neighborhood are
steeply sloped either up or down from the street, and have been developed with
residences and a similar types and numbers of retaining walls, often larger in height.
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Finally, staff is directed to send a notice of decision to the applicant and all owners of
property adjacent to the applicant property. Therefore, the findings of Development
Code Section 17.76.040 (E) can be met.
Section 4: The proposed balconies do not result in an unreasonable infringement
of the privacy of the occupants of abutting residences because each proposed balcony will
have essentially the same view as the proposed "by -right" second and third -story windows on
Lots 1 and 2. The second and third -story windows are located within the "by -right" height
envelope of 16730' and therefore privacy impacts are not assessed as part of this project.
Section 5: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought, is governed by Section 1094.6 of the California Code of
Civil Procedure and other applicable short periods of limitation.
Section 6: Any interested person aggrieved by this decision or any portion
of this decision may appeal to the City Council. The appeal shall set forth the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must be filed
within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday,
August 10, 2016. 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 PM on August 10, 2016.
Section 7: For the foregoing reasons and based on the information and findings
included in the Staff Report, the Planning Commission hereby conditionally approves Vesting
Tentative Parcel Map No. 73817 and a Grading Permit, to allow the division of the existing
43,610ft2 lot into two separate Tots and a Grading Permit for the development of two new single-
family residences, with Lot 1 being 21,682.72't2 in size with a residence of 5,390ft2, and
1,719yd3 of associated grading and Lot 2 being 21,925.86ft2 in size with a residence of 7,616ft2,
and 1,817yd3 of associated grading, in compliance with the Conditions of Approval as shown in
attached Exhibit "A."
PASSED, APPROVED AND ADOPTED this 26th day of July 2016, by the following vote:
AYES: Commissioners Emenhiser, James,
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Bradley and
Chairman Tomblin
Ara Mih
Community Development Director; and,
Secretary of the Planning Commission
Leon, Nelson, and Vice Chairman Cruikshank
John uikshank
Vice airman
Resolution No. 2016-10
Page 7 of 17
Exhibit "A"
Conditions of Approval
Vesting Tentative Parcel Map 73817, Grading Permit
Case Nos. S U B2015-00001, ZO N 2015-00187 & ZO N 2016-00314
30389 Palos Verdes Drive East
General
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the
property owner shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this Resolution. Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. 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. The Community Development Director is authorized to make minor modifications to the
approved plans and any of the conditions of approval if such modifications will achieve
substantially the same results as would strict compliance with the approved plans and
conditions. Otherwise, substantial changes to the project shall require approval of a
revision by the final body that approved the original project, which may require new and
separate environmental review.
4. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
5. The proposed project shall comply with the Planning Commission -adopted Mitigation
Measures associated with the certified and adopted Mitigated Negative Declaration for
the Vesting Tentative Parcel Map.
6. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code or administrative citations as described
in Section 1.16 of the City's Municipal Code.
7. In the event that any of these conditions conflict with the adopted Mitigation Measures
stated in the certified Mitigated Negative Declaration, or recommendations and/or
requirements of another permitting agency or City Department, the stricter standard shall
apply.
8. 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.
9. This approval of the Vesting Tentative Parcel Map and Grading Permit expires 24
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months from the date of approval of the parcel map by the Planning Commission, unless
extended per Section 66452.6 of the Subdivision Map Act and Section 16.12.040 of the
Development Code. Any request for extension shall be submitted to the Planning
Commission in writing and with the appropriate fee prior to the expiration of the map.
10. The applicant shall be required to pay for the cost of services to be provided on behalf of
the City by any outside consultants that have been retained by the City to render
services specifically in connection with this project, in the form of a trust deposit account,
prior to commencement of such services (e.g. City Engineer, City Attorney, geotechnical
consultants, biologist, etc.). The applicant shall adequately fund said trust deposit
accounts prior to the commencement of services, in amounts reasonably requested by
the City. In addition, the trust deposits shall be replenished within two weeks of receipt
of notice from the City that additional funds are needed.
11. All costs associated with plan check reviews and site inspections for the Department of
Public Works shall be incurred by the applicant through the establishment of a trust
deposit with the Director of Public Works at the time of plan check submittal or site
inspection request.
12. The silhouette frames shall be removed within seven (7) days of a Planning Commission
approval.
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. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
15. During the construction of the proposed project, the applicant shall ensure that all
onsite vehicles, equipment and materials are temporarily screened by fencing
pursuant to the City's requirements as described in Section 17.56.050(C) of the
Development Code.
16. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:OOAM to 5:OOPM on Saturday, with no construction activity permitted
on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code.
17. During demolition, construction and/or grading operations, trucks shall not park, queue
and/or idle at the project site or in the adjoining street rights-of-way before 7AM Monday
through Friday and before 9AM on Saturday, in accordance with the permitted hours of
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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.
18. The project shall utilize construction equipment equipped with standard noise insulating
features during construction to reduce source noise levels.
19. All project construction equipment shall be properly maintained to assure that no
additional noise, due to worn or improperly maintained parts is generated during
construction.
Approval of Vesting Tentative Parcel Map No. 73817
20. The approval of this Vesting Tentative Parcel Map allows the existing 43,610 square foot
vacant lot to be subdivided into two separate lots for the development of two single-
family residences. The two approved lots shall comply with the minimum lot dimensions
required by the Development Code for the RS -2 Zoning District. Lot 1 shall contain a lot
area of 21,682.72ft2 and measure 175.08' in width and 125.56' in depth; while Lot 2 shall
contain a lot area of 21,925.86ft2 and measure 170.08' in width and 130.45' in depth.
21. Easements shall not be granted within easements dedicated or offered for dedication to
the City until after the final map is filed and recorded with the County Recorder. No
easements shall be accepted after recording of the final map that in any way conflict with
a prior easement dedicated to the City, or any public utility. All existing easements shall
remain in full force and effect unless expressly released by the holder of the easement.
22. The proposed parcel map shall adhere to all the applicable dedications and
improvements required per Chapter 16.20 of the Development Code.
23. In accordance with the provisions of Fish and Wildlife Code §711.4 and Title 14,
California Code of Regulations, §753.5, the applicant shall submit a check payable to the
County of Los Angeles in the amount of $2,210.25 for the Fish and Wildlife
Environmental Filing Fee. This check shall be submitted to the City within five (5)
business days of Planning Commission approval of this project. If required, the applicant
shall also pay any fine imposed by the Department of Fish and Wildlife.
Prior to the Submittal of Final Parcel Map 73817
24. According to Section 16.20.130 of the Development Code and the Subdivision Map Act,
at the time of making the survey for the final parcel map, the engineer or surveyor shall
set sufficient durable monuments to conform to the standards of the Subdivision Map
Act. Prior to recording the final map, the exterior boundary of land being subdivided shall
be adequately monumented with no less than a two (2) inch iron pipe, at least eighteen
(18) inches long, set in dirt and filled with concrete at each boundary corner. The parcel
lot corners shall be monumented with no less than one-half inch iron pipe for the interior
monuments. Spikes and washers may be set in asphalt pavement and lead and tacks
may be set in concrete pavement or improvements in lieu of pipes. All monuments shall
be permanently marked or tagged with the registration or license number of the engineer
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or surveyor under whose supervision the survey was made.
25. A note shall be placed on the final map stating that a geology and/or soils report has
been prepared in conjunction with the subdivision.
26. All existing and proposed easements, including the proposed driveway easement and
any utility easements over Lot 1, shall be clearly illustrated and described on the final
parcel map.
27. All proposed easement documents, including the driveway easement and any utility
easements over Lot 1, shall be submitted to the City Engineer for review and approval
prior to approval of the final map.
28. Prior to submitting the final map to the City Engineer for examination, the applicant shall
obtain clearance from all affected departments and divisions, including a clearance from
the City Engineer for the following items: mathematical accuracy, survey analysis,
correctness of certificates and signatures.
29. Development shall comply with all requirements of the various municipal utilities and
agencies that provide public services to the property prior to approval of the final map.
30. The final parcel map shall indicate the relocation of the pool/spa/patio area on Lot 2, out
of the 5' easement of George R. and Patricia Anne Hillsinger for storm drain, water line
and gas line. The revised location of the pool/spa/patio area shall match the architectural
plans approved by the Planning Commission on July 26, 2016.
Prior to the Recordation of Final Parcel Map 73817
31. Prior to approval of the Final Parcel Map, the applicant shall dedicate land, pay a fee in
lieu thereof, or a combination of both, at the option of the City, for park and recreational
purposes at the time and according to the standards and formulas contained in
Municipal Code Section 16.20.100.G.
32. The final map is subject to review and approval by the City Engineer. A trust deposit
shall be established with the City to cover any costs of the City Engineer's review.
33. Prior to recordation, the applicant shall supply the City with a digital copy of the Final
Parcel Map in the format required by the County of Los Angeles, through ordinance 99-
0080. An additional copy for the County of Los Angeles will also be required upon
submittal of the Final Parcel Map to the Los Angeles County Recorder's office.
After Recordation of the Final Parcel Map 72999
34. The applicant shall supply the City with one mylar (if applicable) and five (5) copies of
the map within five (5) calendar days after the final map has been filed with the Los
Angeles County Recorder's Office.
35. Prior to issuance of any grading or building permit for the lots created and approved
herein, the applicant shall obtain addresses for each of the new lots from the City.
Resolution No. 2016-10
Page 11 of 17
Grading Permit
36. This approval shall allow the construction of two new residences with a total of 3,536yd3
of grading (combined cut and fill) and a total of 1,700 yd3 of export as specifically
described below, after the recordation of the Final Vesting Parcel Map No. 73817 with
the Los Angeles County Recorder's Office:
Lot 1
A. A 5,390ft2 split-level (two story) residence and an attached three -car garage consisting of
2,067ft2 on the first floor, 2,638ft2 on the second floor, and a 685ft2 attached garage.
B. The height of the residence will be 16', as measured from the highest elevation of the
existing grade covered by the structure (elev. 104') to the highest proposed roof ridgeline
(elev. 120'); and an overall height of 29' as measured from lowest finished grade
adjacent to the structure (elev. 91') to the highest proposed roof ridgeline (elev. 120').
C. 1,719 cubic yards of related grading consisting of:
1. 1,348yd3 cut (589yd3 under the building and 759yd3 for driveway and patio areas);
2. 371 yd3 cubic yards of fill (11 yd3 under the building and 360yd3for driveway and patio
areas);
3. 977yd3 of export; and,
4. Retaining walls consisting of a retaining wall up to 3' in height at the north-west side
of the driveway; a retaining wall up to 2' in height at the south-west side of the
driveway; a retaining wall up to 3.5' in height which extends off the south-east corner
of the residence; a retaining wall up to 4'-6" in height with a 3'-6" tall guardrail on top
(combined wall height of 8') at the east side of the patio area; a retaining wall up to 3'
in height with a 5' tall fence on top (combined wall height of 8') at the east side of the
pool area; and a retaining wall up to 8' in height which runs along the west (rear) of
the residence and wraps around the north, and south sides of the residence.
D. Swimming pool and spa at north side of the residence.
E. Two air-conditioning units and pool equipment at west side (rear) of residence.
F. Built-in barbeque at patio/pool area north of the residence.
G. New fire hydrant between the property line and driveway.
Lot 2
A. A 7,616ft2 split-level (three-story) residence and an attached three -car garage consisting
of 3,051ft2 on the first floor, 2,174ft2 on the second floor, 263ft2 basement, a 1,035ft2
attached garage, and a 1,063ft2 storage area (off the garage level).
B. The height of the residence on Lot No. 2 is proposed to be 15.7', as measured from the
highest elevation of the existing grade covered by the structure (elev.130.8') to the
highest proposed roof ridgeline (elev. 146.5'); and an overall height of 30' as measured
from the lowest finished grade adjacent to the structure (elev. 116.5') to the highest
proposed roof ridgeline (elev. 146.5').
C. 1,817 cubic yards of related grading consisting of:
Resolution No. 2016-10
Page 12 of 17
1. 1,270yd3 cut (581 yd3 under the building and 689yd3 for driveway and patio areas)
2. 547yd3 cubic yards of fill (54yd3 under the building and 493yd3 for driveway and patio
areas.
3. 723yd3 of export
4. Retaining walls consisting of two retaining walls, one up to 3' in height and the other
up to 2' in height at the south-west side of the driveway; two retaining walls at the
north-east corner of the driveway hammerhead, one up to 2'-6" tall and the other up to
2' tall; two retaining walls at the north side of the residence (proposed garden area)
up to 2'-9" in height; a retaining wall up to 4'-6" in height with a 3'-6" tall guardrail on
top (combined wall height of 8') at the east side of the terrace at the east facade of
the residence; a retaining wall up to 2'-6" in height with a 3'-6" tall guardrail on top
(combined wall height of 6') at the east side of the pool area; a retaining wall up to 5'
in height at the south side of the pool area; a retaining wall up to 3.8' tall at the
residence entry stairs; planters, each up to 3.3' in height at the residence entry; an
upslope retaining wall up to 11' in height which runs along the west (rear) of the
residence and partially wraps around the north side of the residence.
D. Swimming pool and spa at south side of the residence.
E. Two air-conditioning units and pool equipment at west side (rear) of residence.
F. Built-in barbeque at patio/pool area south of the residence.
37. Unless modified by the approval of future planning applications, the approved
residences on Lots 1 and 2, as approved herein, shall maintain the following setbacks
for newly created lots in the RS -2 zoning district:
Front yard setback — 20' minimum
Interior side yard setbacks — 10' minimum per side / 20' minimum total of both sides
Rear yard setback — 20' minimum
BUILDING SETBACK CERTIFICATIONS SHALL BE REQUIRED TO BE PROVIDED
BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER FOR THE STRUCTURES
ON BOTH LOTS 1 AND 2 PRIOR TO FOUNDATION FORMS INSPECTION FOR EACH
LOT.
38. Prior to the issuance of the Certificate of Occupancy, the south and south-west facing
windows in the master bathroom bathtub alcove on the upper level of the residence on
Lot 2 shall be translucent glass (obscured to let light through but not images). These two
windows shall not be replaced with clear glass without amending this condition at a duly
noticed public hearing with the Planning Commission.
39. Prior to the issuance of the Certificate of Occupancy, a 7' high maximum freestanding
wall shall be constructed along the northern property line of the property located at
30411 Palos Verdes Drive East, along the length of the pool and spa area on Lot 2. The
freestanding wall shall not be located in any easements without the easement holder's
authorization and shall not extend into the front yard setback for Lot 2.
40. The height of the residence on Lot No. 1 shall not exceed 16', as measured from the
highest elevation of the existing grade covered by the structure (elev. 104') to the
highest proposed roof ridgeline (elev. 120'); and an overall height of 29' as measured
Resolution No. 2016-10
Page 13 of 17
from lowest finished grade adjacent to the structure (elev. 91') to the highest proposed
roof ridgeline (elev. 120').
The height of the residence on Lot No. 2 shall not exceed 15.7', as measured from the
highest elevation of the existing grade covered by the structure (elev.130.8') to the
highest proposed roof ridgeline (elev. 146.5'); and an overall height of 30' as measured
from the lowest finished grade adjacent to the structure (elev. 116.5') to the highest
proposed roof ridgeline (elev. 146.5').
BUILDING HEIGHT CERTIFICATIONS SHALL BE REQUIRED TO BE PROVIDED BY
A LICENSED LAND SURVEYOR OR CIVIL ENGINEER FOR BOTH LOTS 1 AND 2
PRIOR TO ROOF SHEATHING INSPECTION FOR EACH LOT.
41. A minimum 3 -car garage shall be provided and maintained for each proposed residence,
and a minimum of three unenclosed parking spaces shall be provided and maintained.
An enclosed parking space shall have an unobstructed ground space of no less than 9'
in width by 20' in depth, with a minimum of 7' of vertical clearance over the space. An
unenclosed parking space shall have an unobstructed ground space of no less than 9' in
width by 20' in depth.
42. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (37.4% proposed for Lot 1 and 36.8%
proposed for Lot 2) for each lot.
43. Maximum hardscape coverage within the 20 -foot front -yard setback areas for both Lot 1
and Lot 2 shall each not exceed 50% for each lot.
Grading
44. New slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the
property.
45. During construction, including grading, excavating, and land clearing, storage piles and
unpaved disturbed areas shall be continuously stabilized by being kept wet, treated with
a chemical dust suppressant, or covered when material is not being added to or
removed from the pile.
46. During construction, including grading, excavating, and land clearing, sufficient water
shall be applied to areas disturbed to prevent emitting dust and to minimize visible
emissions from crossing the boundary line.
47. During construction, including grading, excavating, and land clearing, construction
vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being
released or tracked off site.
48. During construction, including grading, excavating, and land clearing, the applicant's
contractor shall be responsible for minimizing bulk material or other debris from being
tracked onto the City's public roadways, and if tracked, the applicant's contractor shall
be responsible for cleaning up the impacted City's public roadways.
Resolution No. 2016-10
Page 14 of 17
49. During construction, including grading, excavating, and land clearing, no trucks shall be
allowed to transport excavated material off-site unless the trucks are maintained such
that no spillage can occur from holes or other openings in cargo compartments, and
loads are either: covered with tarps; wetted and loaded such that the material does not
touch the front, back, or sides of the cargo compartment at any point less than 6" from
the top and that no point of the load extends above the top of the cargo compartment.
50. Prior to issuance of a grading and/or building permit, a Haul Route Permit shall be
obtained from the Public Works Department.
51. The applicant shall be responsible for repairs to any public street that may be damaged
during the grading and/or construction of any future development of the subject parcels.
52. Prior to any grading and/or building permit issuance, the applicant shall comply with
Public Works Department requirements, including, but not limited to, landscaping and
curb cuts to the Public Works Director's satisfaction.
53. Prior to issuance of any grading or building permits, the applicant shall obtain an
encroachment permit from the Director of Public Works for any work or improvements in
the public right of way, such as curb cuts, dumpsters, temporary improvements and/or
permanent improvements.
54. All vegetation adjacent to the driveway approach within the public right-of-way and on
the subject property shall be maintained at a height such that the driver sight distance at
the PVDE driveway intersection is not obstructed, to the satisfaction of the Public Works
Director.
55. Prior to building and/or grading permit issuance, the City Engineer under the discretion
of the Community Development Director shall review the proposed driveway apron and
driveway width to improve Zine -of -sight and ingress/egress onto Palos Verdes Drive
East.
56. Prior to the certificate of occupancy, landscape plans for both properties shall be
reviewed and the plants installed to the satisfaction of the Community Development
Director.
57. Prior to the issuance of grading permits, the applicant shall demonstrate to the
Community Development Director's satisfaction that dust generated by grading activities
shall comply with the South Coast Air Quality Management District Rule 403 and the City
Municipal Code requirements that require regular watering for the control of dust.
58. During construction, including grading, excavating, and land clearing, all excavating
and grading activities shall cease when winds gusts (as instantaneous gusts) exceed
25 mph. To assure compliance with this measure, grading activities are subject to
periodic inspections by City staff.
59. During construction, including grading, excavating, and land clearing, construction
equipment shall be kept in proper operating condition, including proper engine tuning
and exhaust control systems.
Resolution No. 2016-10
Page 15 of 17
60. Prior to issuance of any grading permit and/or building permits for the properties, a
grading plan and geotechnical report shall be prepared for review and approval by the
Building Official and the City Geologist.
61. Prior to the issuance of building permits, the applicant shall be required to submit an
Erosion Control Plan to the Building Official for approval that shall include BMPs for
erosion, sedimentation and run-off control during construction activities to protect the
water quality. Additionally, the Erosion Control Plan shall include post -construction
BMPs that apply to runoff from the future buildings, including roof run-off.
62. Prior to the issuance of any grading and/or building permits, the proposed septic system
for each new property shall be reviewed and approved by the Building & Safety Division.
63. Prior to the issuance of a grading and/or building permit for new construction, the
applicant shall submit and obtain approval of a Drainage Plan by the City's Building &
Safety Division and the City's Public Works Director finding that stormwater runoff as a
result from the development of the subject site is designed to flow and utilize an on-site
drainage system that directs runoff into the existing storm drainage system.
Lighting and Glare
64. All exterior illumination for the new residential structures on both Lots 1 and 2 shall
comply with the provisions of Section 17.56.030 (Outdoor Lighting for Residential Uses)
of the Rancho Palos Verdes Municipal Code for each lot.
65. Prior to the issuance of building permits, all residential lighting shall be fully shielded,
and no outdoor lighting shall be 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 for each lot.
66. Prior to the issuance of any grading or building permits, the specifications for the glass
type, color, and reflectivity shall be submitted for the review and approval by the
Community Development Director for each lot.
Utilities
67. All lots shall be served by adequately sized water system facilities, which shall include
fire hydrants of the size, type and location as determined by the L.A. County Fire
Department. The water mains shall be of sufficient size to accommodate the total
domestic and fire flows required for a land division. Domestic flow requirements shall be
determined by the L.A. County Fire Department.
68. Prior to a grading and/or building permit issuance, Fire Department review will be
required to ensure adequate emergency access.
69. All utilities to and on the subject lots shall be provided underground, including cable
television, telephone, electrical, gas and water. All necessary permits shall be obtained
for their installation.
Cultural Resources
Resolution No. 2016-10
Page 16 of 17
70. Prior to the issuance of a grading permit and/or building permit, the applicant shall
consult with the South Central Coastal Information Center (SCCIC) regarding any known
archaeological sites on or within a half -mile radius of the subject property. Said
information shall be reviewed and accepted by the Community Development Director.
71. If any archaeological sites are identified on or within a half -mile radius of the project site
per Condition No. 65 above, then prior to the commencement of grading, the applicant
shall retain a qualified paleontologist and archaeologist to monitor grading and
excavation. In the event undetected buried cultural resources are encountered during
grading and excavation, work shall be halted or diverted from the resource area and the
archeologist and/or paleontologist shall evaluate the remains and propose appropriate
mitigation measures.
Resolution No. 2016-10
Page 17 of 17