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PC RES 2017-006 P.C. RESOLUTION NO. 2017-06 ADOPT P.C. RESOLUTION NO. 2017-06; THEREBY CONDITIONALLY APPROVING A COASTAL PERMIT, GRADING PERMIT AND VARIANCE TO DEMOLISH AN EXISTING RESIDENCE AND TO CONSTRUCT A NEW 2,572FT2 SPLIT-LEVEL RESIDENCE (2,170FT2 RESIDENCE AND 402FT2 GARAGE) AND A 171FT2 BALCONY AT 23' IN HEIGHT, TO REDUCE THE FRONT AND REAR YARD SETBACKS, TO INCREASE THE MAXIMUM ALLOWABLE LOT COVERAGE, TO CONSTRUCT AND GRADE WITHIN THE COASTAL SETBACK ZONE,AND TO CONDUCT 50YD3 OF GRADING BALANCED ON SITE WITH RETAINING WALLS TO ACCOMMODATE THE IMPROVEMENTS WITHIN THE CITY'S APPEALABLE AREA OF THE COASTAL ZONE ON PROPERTY LOCATED AT 104 SPINDRIFT (ZON2OI 6-001 25). WHEREAS, On February 11, 2015, the Community Development Director ("Director") conditionally approved a Landslide Moratorium Exception Permit (ZON2OI5-00086), pursuant to Rancho Palos Verdes Municipal Code (RPVMC) §15.20.040 Exceptions "(6)(2)", "H" and "Q", thereby allowing the landowner to proceed with the filing of the appropriate planning applications for the demolition of an existing single-family residence and the construction of a new single- family residence, garage and accessory structures with 50yd3 of grading to accommodate the improvements; and, WHEREAS, on March 24, 2016, the applicants submitted Coastal Permit, Grading Permit and Variance applications (ZON2OI6-00125) for review and processing to the Community Development Department, requesting to demolish an existing residence and to construct a new single-family residence, garage and accessory structures with 50yd3 of grading to accommodate the improvements; and, WHEREAS, On April 4, 2016, Staff completed the initial review of the application, at which time the application was deemed incomplete. After several additional submittals of supplemental information, Staff deemed the application complete for processing on January 30, 2017; 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 Coastal Permit, Grading Permit and Variance Permit applications 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 February 28, 2017, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed project is a request for the following: A Coastal Permit, Grading Permit and Variance to allow for the following improvements: • Demolition of the existing 1,476ft2 residence (garage included); • Construction of a new 2,572ft2 split-level residence (2,1 70ft2 residence and 402ft2 garage) with reduced 9.5' front and 10.04' rear setbacks; • Construction of an 171 ft2 second-story balcony with a reduced 5.94' front yard setback; • Replacement of an existing wall with a new 3.75' tall retaining wall within the rear yard; • Removal of an existing retaining wall and construction of on-grade stairs with new fill in its place in the south side yard; • An extension of an existing retaining wall measuring up to 4.7' in height on the north side yard of the residence; • Grading consisting of 25yd3 of cut and 25yd3 of fill (50yd3 total) to expand the footprint of the lower floor with a window well to provide light and egress for the lower floor that is partially below grade; • Reduction of the required front and rear yards setbacks (Variance); • Grading exceeding 25yd3 within the Coastal Setback Zone (Variance);Construction of more than 250ft2 within the Coastal Setback Zone (Variance); and, • Increasing the maximum allowable lot coverage of 40% to 57.7% (Variance). The height of the new residence will be 13.75', as measured from highest elevation of the existing grade covered by the structure (elev. 99.25') to the highest proposed roof ridgeline (elev. 113'); and an overall height of 23' as measured from lowest finished grade adjacent to the structure (elev. 90') to the highest proposed roof ridgeline (elev. 113'). Section 2: Approval of a Coastal Permit is warranted because: The proposed development is consistent with the Coastal Specific Plan. More specifically, within the RPV Coastal Specific Plan, one of the structural design guidelines indicates, "Variants in unit design and massing, and consistent, aesthetic design of units within neighborhood are encouraged"(p. U-71). The project site is currently developed as a single- family residence and the site is not located in an area dedicated for public access The proposed project involves a new split-level residence, which is similar to the existing structure with a second level balcony over a parking area. There will be minimal aesthetic changes as a result of demolishing and reconstructing the residence, as the proposed project design is consistent in mass and aesthetic design with other existing homes located on Spindrift Road. Thus, the Commission finds that the proposed project is consistent with the Coastal Specific Plan and makes the following findings: A. The subject site is located within Subregion 6 of the Coastal Specific Plan. Subregion 6 is an existing residential area which is solely developed with beach facilities and lies within the confines of the Portuguese Bend Club, which is a gated community. This region is bordered by the Active Portuguese Bend Landslide to the west and by the Trump National P.C. Resolution No. 2017-06 Page 2 of 16 golf course to the east. The intent of Subregion 6 of the Coastal Specific Plan is to protect natural resources as well as public access and to maintain the "strong unified character...and active homogeneity which establishes it as a distinct neighborhood."The neighborhood surrounding Spindrift Road is comprised predominantly of one and two- story residences with a beach cottage appearance. The proposed construction is comparable to other development found along Spindrift Road and the immediate neighborhood, as it incorporates elements found in the neighboring structures such as large front balconies/carports with reduced front setbacks, multi-story facades, whereby the garage is at the bottom and the livable area is above, and materials such as stucco and wood siding, stone accents and a standing seam metal roof, thereby maintaining the character and homogeneity found within this neighborhood, which is consistent with Subregion 6 of the Coastal Specific Plan. B. The proposed development, located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. More specifically, the applicant is not proposing to develop within the private road or outside of their property. The "Path and Trail Network" Section of Subregion 6 of the City's Coastal Specific Plan states, "no public trails or coastal access points are provided now within the subregion [6], nor are they proposed for the future...This private access is a positive measure in controlling human exposure to the sensitive intertidal habitat in the area." Furthermore, the subject property and proposed development does not affect any paths, trails, easements or public right-of-ways, identified as access corridors (C-6 & C-7)within the Coastal Specific Plan. Section 3: The Commission finds approval of a Major Grading Permit is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. More specifically, the proposed project is in RS-2 zoning district, in which the primary use of the lot is residential and the proposed grading is to provide additional livable area for the reconstructed residence and to construct steps on grade at the south side yard of the property for access to the new residence. Furthermore, the proposed grading is within the 50yd3 exception limit established for the Landslide Moratorium Area. As such, the Commission finds that the proposed project does not exceed what is necessary for the permitted primary use of the lot. B. The proposed grading and/or related construction do not significantly adversely affect the visual relationships with, or the views from the viewing area of neighboring properties. More specifically, views in the Portuguese Bend Club neighborhood are expansive and are generally to the west towards the ocean, Catalina Island and the coastline. The proposed grading and related construction is for a larger replacement home in a similar layout and location as the current residence. The proposed structure will extend approximately 1.83' higher than the roofline of the existing residence. Additionally, a portion of the new structure will extend a maximum of 7.5' further towards the south side property line. However, despite these extensions, the views from neighboring properties will not be adversely affected. The property at 102 Spindrift Drive is located next door (south) to the subject property and is situated at approximately the same elevation as the subject property with views ranging from the north-west to south-west. As the proposed P.C. Resolution No. 2017-06 Page 3 of 16 structure is located to the north of the subject property, it is located on the periphery of the view, and is therefore not significant. Furthermore, the proposed structure should only obstruct views of other homes in the Portuguese Bay Club, which are not considered a protected view. The adjacent developed properties to the rear (101 and 105) are several feet higher in elevation than the subject residence, and therefore, the new structure will impair an insignificant portion of the lower periphery of their views. As for the undeveloped lot immediately behind the subject lot, the same situation exists, where if one stands outside the setback areas, the proposed structure would only impair a small portion of the lower periphery of the view. Thus, the Commission finds there is no significant view impairment because although a portion of the beach and/or ocean views will be obstructed, it is a small fraction of the overall view enjoyed by these residences. Furthermore, these views of the ocean and beach beyond the proposed structure are already partially blocked by other structures located below the subject property. Additionally, the structure height is within the 16'/30' by-right height envelope for sloping lots. Therefore, the Commission finds that the proposed grading will not significantly adversely affect views or visual relationships with neighboring properties and this criterion can be met. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the existing "natural" contours of the project site are the result of past grading for the construction of the existing residence. The applicants are proposing to excavate 25yd3 to create an expanded lower floor, and to fill the side yards for on-grade stair access to the structure. Furthermore, the fill will mimic the natural slope of the lot, as it increases in elevation from the street. As a result, the Commission feels that the proposed grading has been minimized, and the finished contours are more natural than the existing abrupt elevation differences created by the existing retaining walls on the site. Therefore, this criterion can be met. As a result, the Commission finds that the proposed grading has been minimized, and the finished contours are more natural than the existing abrupt elevation differences created by the existing retaining walls on the site. 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 because the existing "natural" contours of the project site are largely the result of past grading for construction of the existing residence, there are no significant natural topographic features that would be disturbed by the proposed grading, and the finished contours will mimic what were likely the previously existing conditions, albeit at a slightly higher elevation. E. The grading and/ or related construction is compatible with the immediate neighborhood character. More specifically, the immediate neighborhood is comprised of 1- and 2-story split- level residences, ranging in size from 744ft2 to 2,745ft2, with an average structure size of 1,538ft2. The proposed residence would have a 2,543ft2 overall structure size, which is 1,067ft2 larger than the average home but 202ft2 smaller than the largest home. The proposed residence would be the second largest home in the neighborhood, thereby falling within the current range of home sizes. The proposed 2,572ft2 split- level residence (including the garage) will be constructed in the same general location as the existing structure into the ascending slope and is within the by- right height envelope of 16'/30'for P.C. Resolution No. 2017-06 Page 4 of 16 an upslope lot. The proposed residence will incorporate both stucco and wood siding, with stone accents and a standing seam grey metal roof, which is compatible with the materials found within the immediate neighborhood. In terms of bulk and mass, a split- level residence is proposed with the appearance of a two-story structure from the street, which is comparable with most of the homes on the north side of Spindrift Road. Additionally, the second story has been set back 7' from the first floor façade closest to the street per RPVDC §17.02.040.8.2, providing additional articulation to help to break up the appearance of bulk and mass. The proposed lot coverage is 57.7%, which although higher than the maximum allowed 40% allowed lot coverage required per the RS-2 zoning district, it appears similar to the properties in the immediate neighborhood as observed on aerial photos. Additionally, the proposed lot coverage will be slightly less than the existing lot coverage of 57.8% According to the Development Code, structures on lots zoned RS-2, created prior to City incorporation shall maintain a 20' front yard setback, 5' side yard setback, and a 15' rear yard setback. As noted under the "Project Statistics" section of the Staff Report, the existing structure has a non-conforming front, south side and north side setbacks. The proposed project includes a Variance request to allow a reduced 5.94' and 9.5' front yard setbacks to the balcony and residence, respectively (20' required) and a 10.04' rear setback to the residence (15' required). The majority of residences surrounding this property are similar in that they have nonconforming front, side or rear yard setbacks due to the shallow depths of the lots which are not typical for RS-2 zoning districts. F. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because there is no natural landscape or wildlife habitat in the proposed grading area. G. RPVDC §17.76.040.E.9 contains several standards for major grading permits. The proposed grading conforms to all standards except for standard (c) and (e) related to maximum depth of fill and retaining walls, respectively. More specifically, the project does not propose grading on slopes over 35%, does not propose finished slopes greater than 35% or 50%, and does not propose a driveway over 20% (11% maximum is proposed). Additionally, the proposed project proposes an upslope wall no greater than 8' (3.75' proposed). Regarding the deviations to this section, per Development Code §17.76.040.E.10, the Planning Commission may grant a grading permit in excess of standard standards (c) and (e) upon making specific findings that the first eight criteria of the grading findings are met, that the approval is consistent with the purposes of grading as set forth in RPVDC §17.76.040. A deviation to the Code allowing more than one upslope side yard retaining wall up to 4.7' in height is warranted as the wall is necessary to accommodate the creation of a window well to provide light to and egress for the first floor/basement level of the residence. A deviation to the Code allowing fill up to 7.5' in height in the south side yard is warranted as it will allow for steps on grade to access the residence, which the Commission believes will appear more natural than a raised staircase, and will thus help to preserve the scenic character of the area. Additionally, the existing lot conditions are a result of the original Tract grading and the new residence will be notched into the hillside P.C. Resolution No. 2017-06 Page 5 of 16 resulting in a similar configuration as the existing house. Section 4: Approval of a Variance Permit is warranted because: A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. More specifically,the subject property is located in a unique community known as the Portuguese Bend Club, which is not similar to other communities of the same RS-2 zoning district. The property is a small and shallow lot, similar to other properties located within the Portuguese Bend Club but substantially smaller in size compared to other properties located within the same zoning district. Given the challenging topography and substandard lot sizes, many of the residences are developed to encroach into the required setbacks. As such, the non-conforming front and rear yard setbacks will be consistent with other non-conforming setbacks found within the immediate neighborhood. The majority of the properties within the Portuguese Bend Club do not meet the required 40% lot coverage, as required by the RS-2 Zoning District. Many of the properties are developed with residences, accessory structures and impervious surfaces areas that are well above the 40% maximum allowable lot coverage. This is likely a result of the non- conforming lot areas that are significantly less than 20,000 square feet, which is the minimum lot size in the RS-2 Zoning District. Similar to other properties found within the immediate neighborhood, the subject property is only 3,151ft2 in area, and the additions will result in an overall lot coverage of 1,820ft2, or 57.7% of the total lot area. The subject lot is 3,151ft2 in area, whereas other properties in the RS-2 zoning district measure approximately 20,000 square feet in area, on average. Most of the properties located on the east side of Spindrift Road have split-level homes with the rear portion of the building pads at a level much higher than the street elevation. As such, many of the existing homes either have on-grade stairs or raised stairways in the side yards. Given the topographic nature of the properties, a stairway or steps on grade in the side yard is required to access the entrances of many of the neighboring homes. Additionally, most of the proposed excavation is to allow for additional habitable square footage on the basement level of the residence. The additional habitable square footage for the new residence is proposed to extend further into the hillside due to the extremely small lot size. Thus, the Commission feels that to allow for the applicant to create additional habitable space and to access the new residence, the topographical nature of the subject property requires that this additional square footage be created by excavating into the hillside. Pursuant to RPVMC §17.72.040(C), one minor addition less than 250ft2 is allowed to each residence that is partially or totally within the Coastal Setback Zone. Any additions exceeding 250ft2 would require a Variance. Other properties outside of the Coastal Setback Zone but within the same RS-2 zoning district are not restricted on the size of an addition nor would it require a Variance for a substantially larger addition. Furthermore, since the property is located entirely within the Coastal Setback Zone, it is not possible to add to the house outside of this setback zone. P.C. Resolution No. 2017-06 Page 6 of 16 B. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicants, which right is possessed by other property owners under like conditions in the same zoning district. The non-conforming front yard (west) and rear yard (east)setbacks are necessary for the preservation and enjoyment of a substantial property right of the applicants, which is possessed by other property owners in the same zoning district because the majority of the homes in immediate neighborhood have non- conforming front, side and rear yard setbacks. This is due to the fact that the lots are smaller in area, lot depth and lot width to other lots within the RS-2 Zoning District, thereby restricting the amount of the buildable area on the lots. In order to develop additions that are typical in RS-2 zoning districts and compatible with the development found within the neighborhood, property owners request Variances to reduce the required setbacks to a 5.94' front yard setback for the balcony, a 9.5' front yard setback for the residence, and a 10.04' rear yard setback for the residence. The non-conforming lot coverage is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is a property right possessed by other property owners in the Portuguese Bend Club whereby many of the lots and homes do not conform with the maximum allowable lot coverage of 40%. Similar to other properties within the immediate neighborhood, the subject lot is substantially smaller than other lots located in the RS-2 zoning district and has a limited ability to be brought into compliance with the development standards of the RS-2 zone, as it relates to lot coverage. Approval of the non-conforming lot coverage allows the property owners to expand the residence and on-site improvements, thereby enjoying the same rights enjoyed by properties located within the unique Portuguese Bend Club neighborhood that have non-conforming lot areas which are significantly less than 20,000 square feet, similar to the subject property. The applicants have proposed 50yd3 of balanced grading on the subject property to allow for additional square footage under the footprint of the building, as well as to create on- grade stairs for exterior access from the street to the new residence. Due to the topographical differences between many of the properties in the Portuguese Bend Club neighborhood, in addition to the steeply sloping nature of many of these lots, many properties have graded either into the hillside or constructed on-grade stairs to access their front doors. Additionally, as the south side yard was cut and an 8' tall retaining wall was constructed long ago, the applicants are simply requesting to return the south side yard back to a more natural configuration, in that it will slope up with the lot. Given that the applicants are proposing finished grades which currently exist on several other properties on Spindrift Road, it is the Commission's opinion that the Variance is necessary for the preservation and enjoyment of a substantial property right of the applicants that is possessed by other property owners in the same neighborhood. The proposed additions which exceed 250 ft2 are necessary for the preservation and enjoyment of a substantial property right of the applicants, which is possessed by other property owners in the same zoning district because the subject property is located within the Portuguese Bend Club whereby the lots and homes do not conform to all the development standards of the RS-2 zoning district, including minimum lot sizes. As noted in the previous finding, the subject lot is substantially smaller than other lots located in the RS-2 zoning district and has a limited ability to be brought into compliance with the P.C. Resolution No. 2017-06 Page 7 of 16 development standards of the RS-2 zone. Approval of the Variance would allow the property owners to expand the residence, thereby enjoying a home that is closer in size to other homes with the same zoning district. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. Specifically, demolition of the existing residence and reconstruction of a new residence and garage will not be materially detrimental to the surrounding neighborhood as the proposed setbacks will remain consistent with other front yard setbacks on other properties in the immediate neighborhood and the appearance of the structure will be similar to the appearances of other front yard areas in the neighborhood. Construction of the new residence and garage with a non-conforming lot coverage of 57.7% will not be materially detrimental to the surrounding neighborhood as the it will not significantly affect nor depart from the appearance of other front yard areas in the neighborhood. The property owners submitted and received approval of a geology report reviewed by the City Geologist and said report indicates that there are no geological hazards caused by the proposed additions. Additionally, all grading plans will be reviewed and the construction inspected by the Building &Safety Division. Thus, the Commission feels that granting the Variance would not be detrimental to the public welfare or injurious to the property and the improvements in the immediate area since the proposed grading in the south side yard to provide exterior access from the street to the new residence and under the residence is similar to several other properties in the immediate neighborhood. Construction of an addition larger than 250ft2 within the Coastal Setback Zone will not be materially detrimental to the surrounding neighborhood as believes that there will not be a substantial aesthetic change to the visible sections of the new residence, as the new residence, while larger than the existing residence, has a similar design and layout. As such, the Commission believes that granting the Variance would not be detrimental to the public welfare or injurious to property and improvements in the immediate area because there will be no substantial visual difference between existing conditions and proposed conditions. D. Granting the variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan. Specifically, construction of the new residence and garage with non-conforming front and rear setbacks, non-conforming lot coverage, and grading of more than 20yd3 and an addition of more than 250ft2 in the Coastal Setback Zone, would not be contrary to the goals and policies set forth in the General Plan and/or Coastal Specific Plan as the General Plan land use designation for the subject property is Residential 1-2 DU/acre and the construction of a single-family residence and associated grading and retaining walls are among the primary permitted uses within this land use designation. 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." The proposed project implements this policy as P.C. Resolution No. 2017-06 Page 8 of 16 the proposed construction and deviations from the code are common within the Portuguese Bend Club. Section 5: The proposed use complies with all applicable requirements of the Overlay Control Districts. More specifically, the subject property and all other properties on Spindrift Road are subject to the Natural (OC- 1), Socio-cultural (OC-2) and Urban Appearance (OC-3) Overlay Control Districts. The project will not propose any activities that are contrary to the provisions of the OC-1 District as no more than 10% (approximately 8% proposed) of the land surface configuration will be altered by earth movement. Additionally, the new residence will be constructed in approximately the same location as the existing structure and thus will not result in impacts to any archaeological or paleontological area of value, so as to not be contrary to the provisions of the OC-2 District. And lastly, the proposed residence will not adversely affect any views taken from adjacent properties, as the properties on either side of the subject property are at approximately the same elevation as the subject property and thus have no views over the proposed structure, and the adjacent properties at 105 and 101 Spindrift are several feet higher in elevation than the subject residence and the proposed residence will extend only slightly into the lower periphery of the view. Also, no major views, vistas or viewsheds identified in the General Plan would be impacted by the proposed project. Therefore, as conditioned, the proposed residence will also meet the criterion established in the Urban Appearance(OC-3)Overlay Control District. Section 6: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) and 17.72.100(B) 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 February 28, 2017, the date of the Planning Commission's final action. Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2017-06 conditionally approving a Coastal Permit, Grading Permit and Variance to demolish an existing residence and to construct a new 2,572ft2 split-level residence(2,170ft2 residence and 402ft2 garage)and a 171ft2 balcony at a height of 23', to reduce the required front and rear yard setbacks, to increase the maximum allowable lot coverage requirement, to construct and grade within the City's Coastal Setback Zone, to conduct 50yd3 of grading balanced on site with retaining walls to accommodate the improvements with the City's Coastal Zone, subject to the Conditions of Approval in the attached Exhibit 'A'. P.C. Resolution No. 2017-06 Page 9 of 16 PASSED, APPROVED, AND ADOPTED this 28th day of February 2017, by the following vote: AYES: Commissioners Bradley, .Leon, Nelson, Vice-Chairman Cruikshank and Chairman Tomblin NOES: Commissioner Emenhiser ABSTENTIONS: None ABSENT: Commissioner James , 411B David L. Tomblin Chairman Ara Mihrani Community Development Director P.C. Resolution No. 2017-06 Page 10 of 16 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR COASTALPERMIT, GRADING PERMIT AND VARIANCE (PLANNING CASE NO. ZON2016-00125) 104 SPINDRIFT ROAD GENERAL CONDITIONS 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. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/ or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 4. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 5. 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. 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 and public notification. 6. The project development on the site shall conform to the Commission-approved plans and to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the RS-2 residential development standards and the OC-1/OC- 2/OC-3 overlay control district performance criteria of the City's Municipal Code. P.C. Resolution No. 2017-06 Page 11 of 16 7. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in 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. 8. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Planning Commission. 9. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 10. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 11. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non- conforming structures on the property, unless the approval of such illegal or legal non- conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 12. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 14. Construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the Development Code. P.C. Resolution No. 2017-06 Page 12 of 16 15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM 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. 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 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. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 16. A minimum 2-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. 17. A minimum of two 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. 18. The driveway shall have a minimum width of 10'. 19. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 20. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 21. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, haul routes to transport soil shall be approved by the Public Works Department. 22. Barring any appeals, the silhouette frame shall be removed within seven (7) days from the end of the Planning Commission's decision appeal period, or by Wednesday, March 22, 2017. PROJECT SPECIFIC CONDITIONS 23. This approval allows for the proposed improvements: • Demolition of the existing 1,476ft2 residence (garage included); • Construction of a new 2,572ft2 split-level residence (2,1 70ft2 residence and 402ft2 garage) with reduced 9.5' front and 10.04' rear setbacks; P.C. Resolution No. 2017-06 Page 13 of 16 • Construction of an 171 ft2 second-story balcony with a reduced 5.94' front yard setback; • Replacement of an existing wall with a new 3.75' tall retaining wall within the rear yard; • Removal of an existing retaining wall and construction of on-grade stairs with new fill in its place in the south side yard; • An extension of an existing retaining wall measuring up to 4.7' in height on the north side yard of the residence; • Grading consisting of 25yd3 of cut and 25yd3 of fill (50yd3 total) to expand the footprint of the lower floor with a window well to provide light and egress for the lower floor that is partially below grade; • Reduction of the required front and rear yards setbacks (Variance); • Grading exceeding 25yd3 within the Coastal Setback Zone (Variance); • Construction of more than 250ft2 within the Coastal Setback Zone (Variance); and, • Increasing the maximum allowable lot coverage of 40% to 57.7% (Variance). BUILDING AREA CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO BUILDING PERMIT FINAL. 24. Unless modified by the approval of future planning applications, the approved residence shall maintain the following setbacks as depicted on the stamped APPROVED plans on file with the Planning Division: • Front yard (west) setbacks of 9.5' for the proposed residence and 5.94' for the proposed balcony; • Side yard setbacks of 5' on both the north and south side yards; • Rear yard setback of 10.04' BUILDING SETBACK CERTIFICATION REQUIRED, TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO FOUNDATION FORMS INSPECTION. 25. Unless modified by the approval of future planning applications, the approved project shall be permitted up to 57.7% lot coverage. Any changes to the lot coverage shall require additional Planning Division review. 26. The height of the approved project shall be depicted on the stamped approved plans. The maximum height of the approved residence is 13.75' tall, as measured from highest point of existing grade (99.25') covered by the structure to the highest proposed ridgeline 113'), and 23' as measured from the lowest finished grade (90') adjacent to the structure to the highest proposed ridgeline (113'). BUILDING HEIGHT CERTIFICATION IS REQUIRED TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO ROOF SHEATHING INSPECTION. 27. The color of the material used for the flat portion of the roof shall match the color of the sloping portion of the roof as shown on the approved plans. P.C. Resolution No. 2017-06 Page 14 of 16 Landslide Moratorium Exception Conditions 28. The applicant shall submit the necessary Site Plan Review application to the Planning, Building and Code Enforcement Department for review within 180 days of this approval; otherwise, the approval (Landslide Moratorium Exception Permit) shall become null and void. 29. Approval of Case No. ZON2015-00086 is for a Landslide Moratorium Exception Permit, which allows for the submittal of a Variance, Site Plan Review application and a Neighborhood Compatibility assessment for the demolition of an existing 1,476ft2 single- family residence and the construction of a new 2,538 ft2 single-family residence in its place. 30. Based on the project presented as part of the Landslide Moratorium Exception Permit, a Variance and a Site Plan Review application will need to be submitted for approval. In the case that the necessary Site Plan Review application is approved by the City, the conditions of approval for Case No. ZON2015-00086 (Landslide Moratorium Exception Permit) shall remain in full force and effect along with any additional conditions set forth in any Site Plan Review approval. 31. PRIOR TO THE ISSUANCE OF ANY GRADING OR BUILDING PERMIT, if lot drainage deficiencies are identified by the Director of Public Works, all such deficiencies shall be corrected by the applicant. 32. PRIOR TO THE ISSUANCE OF ANY GRADING OR BUILDING PERMIT, roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course. 33. PRIOR TO THE ISSUANCE OF ANY GRADING OR BUILDING PERMIT, all landscaping irrigation systems shall be part of a water management system approved by the Director of Public Works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. 34. All other necessary permits and approvals required pursuant to this code or any other applicable statute, law or ordinance shall be obtained. 35. PRIOR TO THE ISSUANCE OF ANY GRADING OR BUILDING PERMIT, a hold harmless agreement satisfactory to the city attorney promising to defend, indemnify and hold the city harmless from any claims or damages resulting from the requested project. Such agreement shall be submitted to the Community Development Director prior to the issuance of a building permit. 36. PRIOR TO THE ISSUANCE OF ANY GRADING OR BUILDING PERMIT, the applicant shall submit for recordation a covenant agreeing to construct the project strictly in accordance with the approved plans; and agreeing to prohibit further projects on the subject site without first filing an application with the director pursuant to the terms of this chapter. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. P.C. Resolution No. 2017-06 Page 15 of 16 37. If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves the applicant's property shall be inspected to verify that there are no cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate them, prior to the issuance of a building permit for the project that is being approved pursuant to the issuance of the moratorium exception permit. P.C. Resolution No. 2017-06 Page 16 of 16