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CC SR 20180116 G - 29425 PVDE Slope Easement AgreementRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/16/2018 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to approve a modified License Agreement to allow sewer improvements within the City's slope easement associated with the construction of a new single-family residence on private property located at 29425 Palos Verdes Drive East. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a modified License Agreement to allow sewer improvements within the City's slope easement associated with the construction of a new single-family home on private property located at 29425 Palos Verdes Drive East. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Octavio Silva, Associate Planner I's- REVIEWED 's.REVIEWED BY: Ara Mihranian, AICP, Director of Community Development APPROVED BY: Doug Wilmore, City Manager M- firt- ATTACHED SUPPORTING DOCUMENTS: A. Proposed Slope Easement License Agreement (page A-1) B. Approved Slope Easement License Agreement (page B-1) C. P.C. Resolution No. 2016-16 (page C-1) BACKGROUND AND DISCUSSION: On November 29, 2016, the Planning Commission adopted P.C. Resolution No. 2016- 16 (Attachment C), approving a Height Variation, Major Grading Permit, Minor Exception Permit, Variance, and Site Plan Review (Case No. ZON2016-00090) for the property located at 29425 Palos Verdes Drive East (PVDE). The approved applications allowed for the construction of a new split-level residence with ancillary improvements and 471 cubic yards of associated grading. A portion of the approved project allowed for a cantilevered deck, walkway, and associated grading within a City -owned slope easement on the property. The project approval was contingent upon a condition that the City Council approve a license agreement to allow these improvements within the City's slope easement. The City's slope easement is shown on the image below. 01203.0005/438387.2 1 On January 16, 2017, the City Council approved a License Agreement to allow the Planning Commission -approved improvements within the City -owned slope easement area (Attachment B). Since that time, the property owner submitted the project plans to the City's Building & Safety Division for structural plan -check review. The California Building Code requires the property owner to provide an independent connection to a public sewer system. The closest public sewer connection to the project site is within the public right-of-way of PVDE, which is located approximately 250 feet southeast of the property. In order to connect to this public sewer line, the property owner will need to install a sewer line along the southern portion of the property, construct a new manhole immediately east on PVDE, and extend the existing sewer line to the new manhole, as shown in the conceptual diagram below: 01203.0005/438387.2 2 The City's geotechnical consultant reviewed the proposed improvements within the slope easement and granted conditional approval. The City's Public Works Department also granted approval for the proposed sewer improvements within the public right-of- way on December 18, 2017. Since the sewer line work was not included in the January 16, 2017, License Agreement, the property owner is requesting the City Council's approval of a modified License Agreement that includes the sewer construction work. Based upon the discussion above, the property owner's proposal complies with the City's Codes and provides an effective sewer connection to the public sewer system. Therefore, Staff recommends that the City Council approve the proposed modified License Agreement for 29425 PVDE (Attachment A). ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Deny the requested modification to the previously approved License Agreement for the property at 29425 Palos Verdes Drive East. 2. Provide the applicant with further direction and continue the item to a date certain. 01203.0005/438387.2 3 RECORDING REQUESTED BY Community Development Department City of Rancho Palos Verdes WHEN RECORDED RETURN TO: Community Development Director City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 APN: 7566-007-005 Exempt from recording charges under Government Code § 6103 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into by and between the CITY OF RANCHO PALOS VERDES, a municipal corporation (the "City") and JULIANA SALDANA, an individual ("Saldana"). The City and Saldana are herein referred to as the "Parties." RECITALS A. The City is a municipal corporation which provides municipal services to the residents of the City of Rancho Palos Verdes with the authority to acquire and dispose of interests in real property. B. The City is the owner of a slope easement protecting a roadway (the "Slope Easement"). The Slope Easement is legally described in the "Description of Slope Easement" attached hereto and incorporated herein as Exhibit A. The Slope Easement was acquired by the City or its predecessors for the purpose of ensuring slope stability. C. The Slope Easement burdens a parcel of property described as the "Burdened Property" which is legally described in the "Description of Burdened Property" attached hereto and incorporated herein as Exhibit B, and commonly referred to as 29425 Palos Verdes Drive East, Rancho Palos Verdes, California. D. Saldana is the owner of record of the Burdened Parcel. Saldana intends to construct a single family residential home, but certain of the improvements will encroach on to the Slope Easement. Those encroaching improvements are described as a walkway and deck overhang and are described as the "Encroaching Improvements" and are shown in the "Map of Encroachment" attached hereto and incorporated in as Exhibit C. E. Saldana has also proposed to install a sewer pipe along the southerly edge of the Slope Easement to connect to the closest public sewer located on Palos Verdes Drive East, as shown as Item 3 on the "Sanitary Sewer Construction Notes" attached hereto and incorporated herein as Exhibit D (the "Sewer Construction"). The Encroaching Improvements and the Sewer Construction are collectively referred to as the "Project." 01203.0005/438583.3 Page 1 of 15 A-1 F. On November 29, 2016 the Planning Commission adopted Resolution No. 2016- 16 (the "Resolution") conditionally approved a Height Variation, Grading Permit, Minor Exception Permit, Variance and Site Plan Review to allow for the construction of a new 3,709 square foot, split-level residence, a 720 square foot attached deck, a reduction of the required front yard setback by 2%2 feet, construction over an extreme slope, and 471 cubic yards of associated grading at 29425 Palos Verdes Drive East (Case No. ZON2016-00090). Condition 28 of the Resolution requires Saldana to obtain City Council approval to allow grading and improvements within the City's Slope Easement as shown on the plans approved by the Planning Commission on November 29, 2016. G. Section 17.48.030 (F) of the Rancho Palos Verdes Municipal Code states "no construction of any structure or improvement is allowed within a legal easement without written authorization from the legal holder of the easement. Such authorization shall be in a form that can be recorded and shall be reviewed by the city attorney." H. City is willing to grant Saldana a non-exclusive, revocable encroachment agreement upon a portion of the Slope Easement, as more particularly described in this Agreement, in connection with the grading and improvements approved in the Resolution. I. This Agreement is to be recorded on the Burdened Property known as 29425 Palos Verdes Drive East, Rancho Palos Verdes, California, and shall be binding on Saldana's heirs, executors, representatives, successors, and assigns. NOW, THEREFORE, in consideration of the covenants, conditions and agreements contained herein, the Parties hereto agree as follows: 1. Use of Premises. Subject to any other approvals required by the City, the City grants to Saldana a license to construct the Project on the Slope Easement, subject to the terms of this Agreement (the "Encroachment"). 2. Term. The term of this Agreement shall commence on the date of recordation of this Agreement and shall continue in effect unless terminated in accordance with this Agreement. However, this Agreement shall cover any construction related to the Project prior to and after the effective date of this Agreement. 3. Termination. The City may terminate the Agreement immediately if the City Council determines that the public health, safety or welfare require such termination. An example of a risk to the public health, safety or welfare is a threat to the City's right-of-way. In such event, the City shall provide Saldana with notice thereof, and Saldana shall vacate the Property as soon as is possible, but not more than thirty (30) days after notice of the requirement to vacate the Property. 4. Property Use. The Slope Easement shall be used only for the purposes of the Project and Saldana shall not permit the Slope Easement or any part thereof to be used for: (i) the conduct of any offensive, noisy, or dangerous activity; (ii) the creation or maintenance of a 01203.0005/438583.3 Page 2 of 15 A-2 public nuisance; (iii) anything which is against public regulations or rules of any public authority at any time applicable to the Slope Easement; or (iv) any purpose or in any manner which will obstruct, interfere with, or infringe upon the rights of the residents of adjoining properties, including but not limited to the adjoining residents' rights to quiet enjoyment. 5. Utilities. Saldana shall be solely responsible for all charges incurred for water, electricity, natural gas, garbage collection, telephone, cable television and all other public utility services provided to the Slope Easement. Saldana shall pay such charges promptly as they become due. 6. Right of Inspection and Testing. Saldana acknowledges the City's right and authority to enter upon the Slope Easement by and through its employees, representatives, attorneys, and designated geotechnical and engineering consultants, at reasonable times during daylight hours, for the purpose of monitoring movement, survey monuments, conducting geological inspection and other investigation as the City reasonably determines is required. City shall make all efforts reasonable to notify Saldana of its intent to enter and inspect and/or test prior to undertaking any such action. 7. Saldana's Maintenance Obligations. Saldana shall, at its sole risk and expense, be responsible for usual and normal landscape maintenance of the Slope Easement, including, by way of example only, proper cultivation and care for and adequate watering of all lawns, shrubbery, trees and grounds on the Slope Easement. Saldana shall maintain the Slope Easement in a safe, clean and sanitary condition at all times. 8. Liens. Saldana and its agents, employees and contractors shall not suffer or permit to be enforced against the Slope Easement, any mechanics', materialmen's, contractors' or subcontractors' liens or any claim for damage arising from the Project or Saldana's use of the Slope Easement. Saldana shall pay, or cause to be paid, all liens, claims or demands before any action is brought to enforce the same against the Slope Easement. 9. Payment of Claims. In addition to, and not in limitation of, City's other rights and remedies hereunder, should Saldana fail within twenty (20) days of a request from City either (a) to pay and discharge any lien, claim or demand as provided in Section 8, or (b) to protect, indemnify, defend and hold City free and harmless as provided in Section 11, then, in any such case, City may, at its option, pay any such lien, claim or demand or settle or discharge any action therefor or satisfy any judgment thereon, and all reasonable costs, expenses and other amounts incurred by City in connection therewith (including reasonable attorneys' fees) shall be paid to City by Saldana upon demand, together with interest thereon at the maximum rate permitted by law from the date paid by City until repaid by Saldana. 10. Assumption of Risk. Saldana shall inspect the Slope Easement prior to its use and shall accept the Slope Easement for its use in an "as is" condition. Saldana shall exercise its privileges hereunder at its own risk and its own expense, assuming full responsibility for all risks incidental to the performance of this Agreement and the use of the Slope Easement. City assumes no responsibility whatsoever for the safe condition, security or maintenance of the Slope Easement, nor for the protection of persons and property thereon, and during the term of this Agreement, Saldana shall be solely responsible for maintenance and security of the Slope 01203.0005/438583.3 Page 3 of 15 A-3 Easement or changes in the condition of the Slope Easement caused by or arising from: (i) any activity, use or performance by Saldana or its contractors, agents or employees under this Agreement; or (ii) any activity, use or performance by Saldana or its contractors, agents or employees on or in the Slope Easement. 11. Indemnification. Saldana hereby agrees to protect, indemnify, defend and hold the City, its elected officials, staff, directors, invitees, employees, agents, contractors, successors and assigns, free and harmless from and against any and all costs, liabilities, claims, causes of action, demands, liens, losses and expenses (including, without limitation, reasonable attorneys' fees), including those from death or injury to any person or from a loss or damage to any real, personal or other property, to the extent arising from the Agreement, any negligent act or omission by Saldana, or by any of Saldana's employees, agents, or contractors related to the construction or maintenance of the Project or use of the Slope Easement. This includes without limitation any damage to the City's right-of-way. Notwithstanding anything to the contrary contained herein, the provisions of this Section shall survive the termination of the Agreement for two (2) years. 12. Default and Termination. In the event of any default under the Resolution or under the Agreement, the party not in default may declare a default and termination of this Agreement by written notice to the defaulting party, which default and termination shall be effective on a date to be stated in such notice, which date shall not be less than ten (10) days after mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. Any necessary restoration of the Slope Easement subsequent to the effective date of termination shall be in conformance with Section 13 below, which shall survive the termination of this Agreement. 13. Removal and Restoration. If this Agreement expires or is terminated for any reason prior to completion of the grading work, Saldana shall, in the sole discretion of City and upon written notice from City, and at the sole expense of Saldana, and within such reasonable period of time determined in writing by the City's Community Development Director, complete the grading work to the extent necessary to leave the Slope Easement in a safe and stable condition, including but not limited to completion of any necessary retaining walls and any measures that are needed to prevent erosion, and remove all equipment and personal property from the Slope Easement to the satisfaction of the City's Community Development Director. If Saldana is obligated pursuant to this Section and fails to complete the grading work to the extent necessary to leave the Slope Easement in a safe and stable condition and/or to remove all equipment and personal property from the Slope Easement, after notification by City, City is authorized to complete the grading work and/or remove all equipment and personal property from the Slope Easement. In that event, Saldana shall reimburse City for all costs incurred by City, within ten (10) days of receipt of a written demand therefore from City. This Section shall survive the termination of this Agreement. 14. No Estate. This Agreement provides only a right of use of temporary duration and does not give Saldana any added interest, title, estate or right of any kind or extent whatsoever, whether legal or equitable prescriptive or otherwise, in the Slope Easement, no matter how much money is expended on the Slope Easement nor how long this Agreement runs. 01203.0005/438583.3 Page 4 of 15 A-4 Neither a partnership nor a joint venture is in any way intended by this Agreement. Saldana agrees that it will not claim at any time any interest, estate or right in the Slope Easement by virtue of this Agreement or by virtue of Saldana's occupancy, use or expenditures under this Agreement. 15. Alterations. Saldana shall make no alteration to the Project or use of the Slope Easement without first having obtained the written consent of the City. 16. California Law. This Agreement, and performance pursuant to it, shall be governed, interpreted, construed, and regulated by the laws of the State of California, without reference to its conflicts of laws provisions. 17. Assignment. This Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties hereto. 18. Interpretation. The language of each part of this Agreement shall be construed simply and according to its fair meaning, and shall never be construed either for or against either Party, regardless of which Party may have drafted the provision. 19. Waiver. The failure of either Party to enforce any provision of this Agreement or the waiver thereof in any instance, including but not limited to the right to terminate, shall not be construed as a general waiver or relinquishment on its part of any such provision but the same shall nevertheless be and remain in full force and effect. 20. Tax Implications. Saldana acknowledges and agrees that he shall be solely responsible for the tax consequences, if any, arising from this Agreement or his occupancy of the Slope Easement or any part thereof. 21. Notices. Any and all notices or other communication required or permitted by this Agreement to be served on or given to a Party to this Agreement by the other Party to the Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the Party to whom it is directed, or, in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed as follows: If to Saldana: Juliana Saldana 4228 Miraleste Drive Rancho Palos Verdes, CA 90275 If to the City: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Attn: City Manager With copy to: City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard 01203.0005/438583.3 Page 5 of 15 A-5 Rancho Palos Verdes, CA 90275 Either Party may change the address for notice by giving written notice of such change to the other Party in the manner provided for in this section. 22. Binding Effects; Amendments. Subject to the provisions of this Agreement, all provisions of the Agreement shall extend to and bind, or inure to the benefit not only of the Parties hereto, but to each and every one of the heirs, executors, representatives, successors, and assigns of the City and Saldana and may be altered, amended, or changed only by an instrument in writing signed by the Parties hereto. 23. Attorneys' Fees. Should City or Saldana institute any action or proceeding to enforce this Agreement, or for damages by reason of any alleged breach of this Agreement, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the non -prevailing party all costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party in connection with such action or proceeding. 24. Opportunity to Consult with Own Counsel. Each party agrees that it has reviewed and understood the scope and effect of the provisions of this Agreement and has affixed its signature hereto voluntarily and without coercion. Saldana further acknowledges that it has had an opportunity to consult with an attorney of its own choosing regarding the terms of this Agreement. Neither party has relied upon any representation or statement made by the other party hereto which is not specifically set forth in this Agreement. [SIGNATURES ON FOLLOWING PAGE] 01203.0005/438583.3 Page 6 of 15 A-6 Executed on , 2017, at Rancho Palos Verdes, California. "S A LDANA" "CITY" Juliana Saldana CITY OF RANCHO PALOS VERDES, a municipal corporation Brian Campbell, Mayor ATTEST: Teresa Takaoka, Acting City Clerk APPROVED: ALESHIRE & WYNDER, LLC David J. Aleshire, City Attorney 01203.0005/438583.3 Page 7 of 15 A-7 Exhibit "A" SLOPE EASEMENT LEGAL DESCRIPTION OF SLOPE EASEMENTt ALL THAT PROPERTY IN THE CITY OF RANCHO PAL03 VERDES, COUNTY OF Los ANGELES, STATE OF CALIFORNIA SHOWN AS SLOPE EASEMENT ON LOT 1, TRACT NO. 22815, AS PER MAP RECORDED IN BOOK 840, PAGES 51 THROUGH 61, INCLUSIVE, RECORDS OF SAID COUNTY AND MORE PARTICULARLY DESCRIBED AS: FiEOINNINS IN THE SOUTHWESTERLY CORNER OF SAID LOT 1; T14ENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY TO A POINT ON A RADIAL LINE HAVING A 13EARING OF NORTH 82 DEGREES, 48 MINUTES, 35 BE(,ONDS EAST AS SHOWN ON SAID TRACT WITH SAID POINT BEING 18.00 FEET FROM THE EAST LINE OF SAID LOT 1; THENCE EASTERLY ALONG SAID RADIAL LINE 18.00 FEET TO A POINT OF COMPOUND CURVATURE IN THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT i BEING A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 575.63 FEET, A LENGTH OF 218.98 FEET AND A CENTRAL ANGLE OF 21 DEGREES, 35 MINUTES, 41 SECONDS TO THlE SOUTHEAST CORNER OF SAID LOT 11 THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF $7.48 FEET, PLUS OR MINUS TO THE TRUE POINT OF BEGINNING. 01203.0005/438583.3 Page 8 of 15 A-8 N W E 5 OF MAINTTENANCEYEASWEMENT MIAAL€STE RECREATION AW PARK DISTRICT 2T1h 0 NA LOT 2 TRACT NO 22615 c SLOPE EASEMENT DATE- APRIL 7, 2011 SHEEr 2 OF 2 2-556 A rE c�ii Tarp 29425 PALOS VERDES DRIVE EAST PHOtEi 30.-1v.0404 F�i 3ro.-rau.ogi4 RANCHO PALOS VERGES. CA 901275 01203.0005/438583.3 Page 9 of 15 A-9 Exhibit "B" PROPERTY LEGAL DESCRIPTION That certain real property in the City of Rancho Palos Verdes, County of Los Angeles, State of California legally described as: Lot 1 of Tract No. 22615, in the City of Rancho Palos Verdes, County of Los Angeles, State of California, as per Map recording in Book 640, Pages 53-61 inclusive of Maps, in the office of the County Recorder of said County 01203.0005/438583.3 Page 10 of 15 A-10 Exhibit "C" ENCROACHMENT AREA AND DESCRIPTION OF IMPROVEMENTS PROJECT DESCRIPTION: 1. ACCESS TO THE EASEMENT AREA IN ORDER TO PERFORM THE REQUIRED OVER EXCAVATION WORK. 2. GRADING TO INCLUDE 16 CU YARDS OF CUT (AREA 4) AND 8 CU YARDS OF FILL (AREA 6), AS SHOWN ON C3, IN PREPARATION OF THE PAD FOR THE NEW RESIDENCE. 3. CONSTRUCTION OF A 27'-2" LONG BY A MAXIMUM OF 3' TALL RETAINING WALL TO STABILIZE THE SLOPE AT THE 5 FOOT OVEREXCAVATION AREA REQUIRED BY THE SOILS / GEOLOGY APPROVAL, AS SHOWN ON SHEET C3 4. CONSTRUCTION OF A 3' TO 5' WIDE CONCRETE WALKWAY ADJACENT TO THE BUILDING. 5. CONSTRUCTION OF A 720 SQ. FT. CANTELEVERED DECK, WHICH WILL PROJECT FROM THE BUILDING OUT FROM 5 FEET TO A MAXIMUM OF 12 FEET OVER THE EASEMENT AREA. See following page for location of encroachment area. 01203.0005/438583.3 Page I I of 15 A-11 <T W Q LL <�L LLJ :E:� w CU Q I'Dw J E3 I— Q w LL - LD r -S W cy- II LD a-,, OU Z � Le_i X LSI ll-? Gil CC W L, L, f-. Li U' vi fn U) Y tl- q� W ISI 7 L.3 � o ; >,,, <csLLL, L In R CC Xa ED l "7 En LLJ z Lj m E Z ~ W � LJ Li LLJ ©_.I IDT a .k Wil; z 'ii i-:t� iLO ©o ¢ v Wit, Q 7[7 W_ W Q% X V7 {D u ��nllJ nc5 >- Z eTJ fi.� 7 Z� IS U Nl n �- (1 I - _ Ll 7 "i � � �, I.,> rj' x uL l� s U1 Ll) r- C7 0 ae 2 d C7 (D LI- Lau Li Z 0� 1 rl 5 N C 0 0 LLJ �^3 n QcF QL fY LY SOC -a[ aQal,J _ T F 7 'AJ LJ } fill CL :J x W R a LL1 � CL ,� Z W LTJ � ry V LLQ 01203.0005/438583.3 Page 12 of 15 A-12 v Z W LLJ x Z C/)Q 0 LL.LSI Z LJ p LL I p LLJ E:l _ '1 ..... s.3 �Ld fl- LLJLd �f Z LLJ i 3 LLI Q UJ Ld z_j. zV LJ ZZ SI) s -J gfY Lil L, S l I -L _ Q I._ G G� :J x W R a LL1 � CL ,� Z W LTJ � ry V LLQ 01203.0005/438583.3 Page 12 of 15 A-12 Exhibit "D" SEWER CONSTRUCTION NOTES EX11MIT -L' SANITARY SEWER CONSTRUCTION VOTES (t3 cmwmvcrrr vrrP emrrasly mmum !L} GGlIB7'RI�NI�Vl�'V4.P/lOull�_L4Tffii�4L�IrRBPPYHC�F2-R SER E3EP,VE7A7E P1.4N. A OONE; IJUCTREWfiVN VJYEAMD4F3.iTOWVIMOMiATMAl- a` 9FlW INTO ?AAT V V C P AFM AIAllEIOLR Ap4O WAE AFtr. VUWMVUW - MWe 8FAL ALL KMEM MJDMCJRB7C OTER wap rOTl°IE<PRQwIfdAfl maFTIiE mRB. ]JNI: CFTHE CRC124¢ 9iRr�ET, LIt4LM sMiAX o SLUFtMY 8EAL SHALL 8!' nMLkg0h AAOREd/Q60WRRYTYPEll SLURRY AN41APPJQIITOINWL{.ill! STANDAP06P8ClMcATuK FSR PtMuCVQMM COMIRUMMOMEN MK, 2472MM-1 i. 01203.0005/438583.3 Page 13 of 15 A-13 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On , 2018 before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their xecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, e WITNESS my hand and official seal. Notary Public SEAL: 01203.0005/438583.3 Page 14 of 15 A-14 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On , 2018 before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their xecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, e WITNESS my hand and official seal. Notary Public SEAL: 01203.0005/438583.3 Page 15 of 15 A-15 RECORDING REQUESTED BY Community Development Department City of Rancho Palos Verdes WHEN RECORDED RETURN TO: Community Development Director City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Exempt from recording charges under Government Code § 6103 LICENSE AGREEMENT This License Agreement ("Agreement") is made and entered into by and between the City of Rancho Palos Verdes, a municipal corporation (the "City") and Juliana Saldana, an individual ("Saldana"). The City and Saldana are herein referred to as the "Parties." RECITALS A. The City is a municipal corporation which provides municipal services to the residents of the City of Rancho Palos Verdes. B. The City is the owner of an easement on certain real property commonly referred to as 29425 Palos Verdes Drive East, Rancho Palos Verdes, California (the "Slope Easement"). The Slope Easement is legally described on the attached and incorporated Exhibit A. The Slope Easement was acquired by the City or its predecessors for the purpose of ensuring slope stability. C. Saldana is the owner of record of certain real property at 29425 Palos Verdes Drive East, Rancho Palos Verdes California which is legally described on the attached and incorporated Exhibit B ("Saldana's Property") on which Saldana intends to construct a single family residential home. D. Saldana desires to construct a residential structure or improvement on portions of the Slope Easement (the "Project"). The plans for the Project are shown on the attached and incorporated Exhibit C. E. On November 29, 2016 the Planning Commission adopted Resolution No. 2016- 16 (the "Resolution") conditionally approved a Height Variation, Grading Permit, Minor Exception Permit, Variance and Site Plan Review to allow for the construction of a new 3,709 square foot, split-level residence, a 720 square foot attached deck, a reduction of the required front yard setback by 2'/2 feet, construction over an extreme slope, and 471 cubic yards of associated grading at 29425 Palos Verdes Drive East (Case No. ZON2016-00090). Condition 28 of the Resolution requires Saldana to obtain City Council approval to allow grading and improvements within the City's slope easement as shown on the plans approved by the Planning Commission on November 29, 2016. F. Section 17.48.030 (F) of the Rancho Palos Verdes Municipal Code states "no construction of any structure or improvement is allowed within a legal easement without written Page 1 of 10 As authorization from the legal holder of the easement. Such authorization shall be in a form that can be recorded and shall be reviewed by the city attorney." U. City is willing to grant Saldana a non-exclusive, revocable license for access to and use a portion of the Slope Easement, as more particularly described in this Agreement, in connection with the grading and improvements approved in the Resolution. H. This Agreement is to be recorded on the property known as 29425 Palos Verdes Drive East, Rancho Palos Verdes, California, and shall be binding on Saldana's heirs, executors, representatives, successors, and assigns. NOW, THEREFORE, in consideration of the covenants, conditions and agreements contained herein, the Parties hereto agree as follows: 1. Use of Premises. Subject to any other approvals required by the City, the City grants to Saldana a license to construct the Project on the Slope Easement, subject to the terms of this Agreement (the "License"). JMv1Aruk 0, 2oi7 U.S. 2. Term. The term of this License shall commence on ffNSERT�3A+H, and shall continue in effect unless terminated in accordance with this Agreement. 3. Termination. The City may terminate the License immediately if the City Council determines that the public health, safety or welfare require such termination. An example of a risk to the public health, safety or welfare is a threat to the City's right-of-way. In such event, the City shall provide Saldana with notice thereof, and Saldana shall vacate the Property as soon as is possible, but not more than thirty (30) days after notice of the requirement to vacate the Property. 4. Property Use. The Slope Easement shall be used only for the purposes of the Project and Saldana shall not permit the Slope Easement or any part thereof to be used for: (a) the conduct of any offensive, noisy, or dangerous activity; (b) the creation or maintenance of a public nuisance; (c) anything which is against public regulations or rules of any public authority at any time applicable to the Slope Easement; or (d) any purpose or in any manner which will obstruct, interfere with, or infringe upon the rights of the residents of adjoining properties, including but not limited to the adjoining residents' rights to quiet enjoyment. 5. Utilities. Saldana shall be solely responsible for all charges incurred for water, electricity, natural gas, garbage collection, telephone, cable television and all other public utility services provided to the Slope Easement. Saldana shall pay such charges promptly as they become due. 6. Right of Inspection„ and Testing. Saldana acknowledges the City's right and authority to enter upon the Slope Easement by and through its employees, representatives, attorneys, and designated geotechnical and engineering consultants, at reasonable times during daylight hours, for the purpose of monitoring movement, survey monuments, conducting geological inspection and other investigation as the City reasonably determines is required. City Page 2 of 10 B-2 shall make all efforts reasonable to notify Saldana of its intent to enter and inspect and/or test prior to undertaking any such action. 7. Wdana's Maintenance Obligations. Saldana shall, at its sole risk and expense, be responsible for usual and normal landscape maintenance of the Slope Easement, including, by way of example only, proper cultivation and care for and adequate watering of all lawns, shrubbery, trees and grounds on the Slope Easement. Saldana shall maintain the Slope Easement in a safe, clean and sanitary condition at all times. 8. Liens. Saldana and its agents, employees and contractors shall not suffer or permit to be enforced against the Slope Easement, any mechanics', materialmen's, contractors' or subcontractors' liens or any claim for damage arising from the Project or Saldana's use of the Slope Easement. Saldana shall pay, or cause to be paid, all liens, claims or demands before any action is brought to enforce the same against the Slope Easement. 9. Payment of Claims. In addition to, and not in limitation of, City's other rights and remedies hereunder, should Saldana fail within twenty (20) days of a request from City either (a) to pay and discharge any lien, claim or demand as provided in Section 8, or (b) to protect, indemnify, defend and hold City free and harmless as provided in Section 11, then, in any such case, City may, at its option, pay any such lien, claim or demand or settle or discharge any action therefor or satisfy any judgment thereon, and all reasonable costs, expenses and other amounts incurred by City in connection therewith (including reasonable attorneys' fees) shall be paid to City by Saldana upon demand, together with interest thereon at the maximum rate permitted by law from the date paid by City until repaid by Saldana. 10. _Assumption of Risk. Saldana shall inspect the Slope Easement prior to its use and shall accept the Slope Easement for its use in an "as is" condition. Saldana shall exercise its privileges hereunder at its own risk and its own expense, assuming full responsibility for all risks incidental to the performance of this Agreement and the use of the Slope Easement. City assumes no responsibility whatsoever for the safe condition, security or maintenance of the Slope Easement, nor for the protection of persons and property thereon, and during the term of this License, Saldana shall be solely responsible for maintenance and security of the Slope Easement or changes in the condition of the Slope Easement caused by or arising from: (i) any activity, use or performance by Saldana or its contractors, agents or employees under this Agreement; or (ii) any activity, use or performance by Saldana or its contractors, agents or employees on or in the Slope Easement. 11. Indemnification. Saldana hereby agrees to protect, indemnify, defend and hold the City, its elected officials, staff, directors, invitees, employees, agents, contractors, successors and assigns, free and harmless from and against any and all costs, liabilities, claims, causes of action, demands, liens, losses and expenses (including, without limitation, reasonable attorneys' fees), including those from death or injury to any person or from a loss or damage to any real, personal or other property, to the extent arising from the License, any negligent act or omission by Saldana, or by any of Saldana's employees, agents, or contractors related to the construction or maintenance of the Project or use of the Slope Easement. This includes without limitation any damage to the City's right-of-way. Notwithstanding anything to the contrary Page 3 of 10 B-3 contained herein, the provisions of this Section shall survive the termination of the License for two (2) years. 12. Default and Termination. In the event of any default under the Resolution or under the Agreement, the party not in default may declare a default and termination of this Agreement by written notice to the defaulting party, which default and termination shall be effective on a date to be stated in such notice, which date shall not be less than ten (10) days after mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. Any necessary restoration of the Slope Easement subsequent to the effective date of termination shall be in conformance with Section 13 below, which shall survive the termination of this Agreement. 13. Removal and Restoration. If this Agreement expires or is terminated for any reason prior to completion of the grading work, Saldana shall, in the sole discretion of City and upon written notice from City, and at the sole expense of Saldana, and within such reasonable period of time determined in writing by the City's Community Development Director, complete the grading work to the extent necessary to leave the Slope Easement in a safe and stable condition, including but not limited to completion of any necessary retaining walls and any measures that are needed to prevent erosion, and remove all equipment and personal property from the Slope Easement to the satisfaction of the City's Community Development Director. If Saldana is obligated pursuant to this Section and fails to complete the grading work to the extent necessary to leave the Slope Easement in a safe and stable condition and/or to remove all equipment and personal property from the Slope Easement, after notification by City, City is authorized to complete the grading work and/or remove all equipment and personal property from the Slope Easement. In that event, Saldana shall reimburse City for all costs incurred by City, within ten (10) days of receipt of a written demand therefore from Licensor. This Section shall survive the termination of this Agreement. 14. leo Estate. This Agreement provides only a right of use of temporary duration and does not give Saldana any added interest, title, estate or right of any kind or extent whatsoever, whether legal or equitable prescriptive or otherwise, in the Slope Easement, no matter how much money is expended on the Slope Easement nor how long this Agreement runs. Neither a partnership nor a joint venture is in any way intended by this Agreement. Saldana agrees that it will not claim at any time any interest, estate or right in the Slope Easement by virtue of this Agreement or by virtue of Saldana's occupancy, use or expenditures under this Agreement. 15. Alterations. Saldana shall make no alteration to the Project or use of the Slope Easement without first having obtained the written consent of the City. 16. California Law. This Agreement, and performance pursuant to it, shall be governed, interpreted, construed, and regulated by the laws of the State of California, without reference to its conflicts of laws provisions. 17. 4ssi rug nent. This Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties hereto. Page 4 of 10 B-4 18. li terpretatioal. The language of each part of this Agreement shall be construed simply and according to its fair meaning, and shall never be construed either for or against either Party, regardless of which Party may have drafted the provision. 19. Waiver. The failure of either Party to enforce any provision of this Agreement or the waiver thereof in any instance, including but not limited to the right to terminate, shall not be construed as a general waiver or relinquishment on its part of any such provision but the same shall nevertheless be and remain in full force and effect. 20. Tax Implications. Saldana acknowledges and agrees that he shall be solely responsible for the tax consequences, if any, arising from this Agreement or his occupancy of the Slope Easement or any part thereof. 21. Notices. Any and all notices or other communication required or permitted by this License to be served on or given to a Party to this License by the other Party to the License shall be in writing and shall be deemed duly served and given when personally delivered to the Party to whom it is directed, or, in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed as follows: If to Saldana: Juliana Saldana 4228 Miraleste Drive Rancho Palos Verdes, CA 90275 If to the City: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Attn: City Manager With copy to: City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Either Party may change the address for notice by giving written notice of such change to the other Party in the manner provided for in this section. 22. Binding Effects; Amendments. Subject to the provisions of this Agreement, all provisions of the Agreement shall extend to and bind, or inure to the benefit not only of the Parties hereto, but to each and every one of the heirs, executors, representatives, successors, and assigns of the City and Saldana and may be altered, amended, or changed only by an instrument in writing signed by the Parties hereto. 23. Attorneys' Fees. Should City or Saldana institute any action or proceeding to enforce this Agreement, or for damages by reason of any alleged breach of this Agreement, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall Page 5 of 10 B-5 be entitled to receive from the non -prevailing parry all costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party in connection with such action or proceeding. 24. Opportunity to Consult with Own Counsel. Each parry agrees that it has reviewed and understood the scope and effect of the provisions of this Agreement and has affixed its signature hereto voluntarily and without coercion. Saldana further acknowledges that it has had an opportunity to consult with an attorney of its own choosing regarding the terms of this Agreement. Neither party has relied upon any representation or statement made by the other party hereto which is not specifically set forth in this Agreement. Page 6 of 10 B-6 Executed on , 2017, at Rancho Palos Verdes, California. ATTEST: Teresa Takaoka, Acting City Clerk APPROVED: David J. Aleshire, City Attorney "SALDANA" "CITY": CITY OF RANCHO PALOS VERDES Brian Campbell, Mayor Page 7of10 Exhibit "A" City's Easement Legal Description SEE ATTACHED COPY OF TRACT MAP #22615. NOTES ON PAGE 1 DESCRIBE THE VARIABLE WIDTH SLOPE EASEMENT, BASED ON THE LINE DRAWN ON THE APPROVED AND RECORDED MAP ITSELF SHOWN ON PAGE3. Page 8 of 10 B-8 Exhibit "B" Saldana's Property Legal Description APN: 7566-007-005 Tract #22651 Lot #1 Page 9 of 10 B-9 Exhibit "C" Project Plans PROJECT DESCRIPTION: 1. ACCESS TO THE EASEMENT AREA IN ORDER TO PERFORM THE REQUIRED OVER EXCAVATION WORK. 2. GRADING TO INCLUDE 16 CU YARDS OF CUT (AREA 4) AND 8 CU YARDS OF FILL (AREA 6), AS SHOWN ON C3, IN PREPARATION OF THE PAD FOR THE NEW RESIDENCE. 3. CONSTRUCTION OF A 27'-2" LONG BY A MAXIMUM OF 3' TALL RETAINING WALL TO STABILIZE THE SLOPE AT THE 5 FOOT OVEREXCAVATION AREA REQUIRED BY THE SOILS / GEOLOGY APPROVAL, AS SHOWN ON SHEET C3 4. CONSTRUCTION OF A X TO 5' WIDE CONCRETE WALKWAY ADJACENT TO THE BUILDING. 5. CONSTRUCTION OF A 720 SQ. FT. CANTELEVERED DECK, WHICH WILL PROJECT FROM THE BUILDING OUT FROM 5 FEET TO A MAXIMUM OF 12 FEET OVER THE EASEMENT AREA. Page 10 of 10 B-10 Exhibit "A B-11 SC -AL -E: r'= 501 " SHEET I OF II SHEETS TRACT NO. 22615 IN UNINCORPORATED TERRITORY IN THE COUNTY OF LOS ANGELES dflAIC' A SV501V/S10N OF Ml FORPOIVS OF ll 5815-9, 64, 66 AF/CJ 69 OF L A C A NR 5/, AS PEA' MAP REC0RD-e,0 IN BOOK /, PAGE / OF" Tiff ASSESSORS � MAP, /N THE COUNTY OF LOS ANGELCS �I SCOTT, BLAKE a WYNNE ENGINEERS BASIS OF BEARINGS 7WE a�a,?,,t ,u sa'as aa'iv nX TtfE Ct-A!,' P; .:Sf G8� PUL 05 lELs 3 Ll £d57- 3h"'I.Y;Y JS. WESl1rPN w+'V£NGE GW 4fdY 0"' rR'4Ci N4 d:71 BpaA 55,. �dC. ES d %O 7 lh+cG CIJIVE 0/'- Al',IPPS• Z5a 0 ,3 Lb3 dh'�.•ELES fY..15Y'l 45 TAff $ASf,S 19A'.9E'WIOSM93 41154E47 -"V r1111; NtrlP. 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INs: f,� r�7,,,.,fm, �.,r,°.:"..,�-,� fhc >, r+na'I >,r/bc _ rl:,n hcrc,n nam ed >�d ae.FnwrkHged fo me fh>f such roPeraf,an gUfif 1- t Af'i. l_ SCALE I" x So' < NO. 22615 IN UNINCORPORATED TERRITORY IN THE COUNTY OF LOS ANGELES y 0-'-lVeRAZ TEL IVC OF ci Z Are -sr .5—e -y C 47 lx t74 k 5100.9 Ply-, 146,114 "1 195- l"/ V--'eD--S WATER COMAONY, A C-,-1- SCOTTBLAKE & WYNNE S NGIMMERS 7ra�l IVP �2I/5 41so , J17 1h ," c-fih :nal I 'p- his -p- rhos it -r'..- ­ rl V" ld all ,P --d -rl-!:­ the " i ." '�'rsfi'j jOHN A LAME31F, Dep - Z7 oo I 'V --e "x"N' Gon , ^uo$ fJC.4aG WATER 021)W*ANY, JA - 1h, ib- o who lh_ -1 —1 - 6rhlf orr "h' /0 - rh3l such Ih? S: - my -13 SCALE: r- 50' SHEET 3 OF 11 SHEETS TRACT NO. 22615 IN UNINCORPORATED TERRITORY IN THE COUNTY OF LOS ANGELES SCOTT, BLAKE & WYNNE ENGINEERS 013 ogivr dl a an o"41 ol 013 ogivr dl a an V DE5 pA 7 614 - Z —_ Jltl bb 5 wiv 'n 'aco, '!'54'-'54 86 9 0 It, 27 J - 86 0.73 Acs in 86 0 84 Ac's VIP - B -14 110IIIIIIII SHEET 4 OF if SHEETS R AC T NO. 22 615 N UN*:,ORP�!RATED TERRITORY IN THE COUNTY OF LOS ANGELES SCOTT, BLAKE a WYNNE -y 1)-69 ENGINEERS - C54 7 07 w VOTE 00 ./v ,� " z"o,fi N v 09 aha t'S 4V ,4 Y, —7 77, ............ . 0.88 Acs 1 A 'INO 47" V, J A WO-0/14Z4RD o c,Jlt A.7: ,ark 0 7-- /./9 IV kl 00 ./v ,� " z"o,fi N v 09 aha t'S 4V SEE (p 701off IrA LE� ,4 7 0.88 Acs SEE (p 701off IrA LE� "D I? J SCALE: 1'= 50' SHEET 5 OF II SHEETS TRACT NO. 22615 IN UNINCORPORATED TERRITORY IN THE COUNTY OF LOS ANGELES F'M1 SCOTT, BLAKE & WYNNE ; • ,.�.:+a z -747 ENGINEERS " d'r%}S• 1` JEE F,rVE -- J }w. •'� ' _9 �� rye• �L��� k' Y �JA S� 7 �p y /Q 6 \� �tib C; �' J .•ds'.frF'iMS i �i. ►s ,.x n as !>° r ve qR' � n}.y 16 ink b 25. 0'- =� W =1 ah , 9ti• .� a •., w 5,R to Al ,fi SEE SF/EET �� 26 40 Acs L"- OF Ac's 5 J." p B- T GHEET R C T NO2 2 6 15 6 OF 11 SHEETS . Jlkl -1lllNC'jRPOhAVED TERRITORY IN THE COUNTY OF LOS ANGELES SCO-fT, BLAKE a WYNNE Py ENGINEERS D-4CF-; CP 73 20 NOTA iN THE opww" of M. C -N 0 80 Ac's f1011—.R TNOSE PORT/ONS THE T 41E 14R, JUE 7b EROS,— ANO It 21 O. 83 .4,, lk ho t``:' zz t,!.p O.8/ Acs 4'L� Z 23 It Z8 u) 24 z7 lk 76 V'W 26 40 Acs L"- OF Ac's 5 J." p B- SCALE: I"= 50' T R A C T SHEET 7 OF II SHEETS N0. 22615 IN UNINCORPORATED TERRITORY IN THE COUNTY OF LOS ANGELES n C/'(1TT OI AWS o. 11 B-18 V Q u 0 SCALE: 1-50' TRACT NO. 22615 SHEET 8 OF It SHEETS IN UNINCORPORATED TERRITORY IN THE COUNTY OF LOS ANGELES SCOTT, BLAKE a WYNNE ENGINEERS SEE .5$4EE-r to r 4 62 a61 26 Acs k' 1.15 4cs jo . cl 01 43 0.88 418 —,rl000 YAZAI?9 AREA -- 5 0, 5 cx 57 A2 0.8 -of Acs 0. 93 4c 6h' 16700 z,,,, 17b OO' 87'50 '16 re 2 ',pl— T.-20690 1 633 - 711 m Mly dire af T-1 mv ?o67qo ms All�, 30' 633 -71174 0 J� 0 a53iy1i a' AlOrE.' Al, 8. IA3 -Z op— 11 ffJUNTY CNG/NEER THOSE /1041-15 63 or LOTS _"'? -- --- -6 11.1 1114R' 4R51 RE W811'r EQURNT F10o H4L AD D&E 7 EROS— 4— OVERF ) R-1 59 J D. 7.5 AC Z5 58 Z o. 97 Ac LQ 'NJ t5 T 33p' al r 4 62 a61 26 Acs k' 1.15 4cs 60 . cl —,rl000 YAZAI?9 AREA -- D—i 6h' 16700 z,,,, 17b OO' 87'50 '16 re 2 ',pl— T.-20690 1 633 - 711 m Mly dire af T-1 mv ?o67qo ms All�, 30' 633 -71174 0 Fd. 2"l. p In CL AlOrE.' Al, 8. IA3 op— 11 ffJUNTY CNG/NEER THOSE /1041-15 ct --Fd. 5.4 rp, Nr or LOTS _"'? -- --- -6 11.1 1114R' 4R51 RE W811'r EQURNT F10o H4L AD D&E 7 EROS— 4— OVERF ) R-1 50' T R A C T NO. 22615 SHEET 9 OF 11 SHEETS IN UNINCORPORATED TERRITORY IN THE COUNTY OF LOS ANGELES ti'i ! SCOTT, BLAKE B WYNNE 68 z 7 ENGINEERS q A Ztlw 00 c-;4F9i ,5EE 1 67 ,Al, 0.86 Ar. 56 q? Ars 55 o 84'.4c s Q3. Lu As zz V1 Ld Lu 64 0.78 4c'S 65 66 ,q 86 Ac s 0. 7,9 P ti'i ! 68 7 J� 15 q Ztlw 00 c-;4F9i 1 67 ,Al, 0.86 Ar. v, ct !2 �74 ax -x rd. jiw ff. Q. y5fl. w MAIDO 31 ki tu , It 69 70 a 76,4, 0 794 Q3. 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State of California ) County of Los Ack, , LP � ) On t I before me,—na rw•a�} ^ aKa-' Date Here Insert Name and Title 8f the Officer personally appeared - 'JLl l; a no So - e-_ Name oa bf Signer} -- who proved to me on the basis of satisfactory evidence to be the persorf(sy whose nameK is/ate subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(io4, and that by his/her/their signature(s) on the instrument the person(sj; or the entity upon behalf of which the person(syacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 7ERE5A PRIMAIIEtall-TAK,4DKA WITNESS my hand and official seal. ConwOnlon # 2113492 IL Notary Pubk - CaMomia z Loa Amies County ' Signatur � MY Com. ExPifes ,tun 26, 2019 Signature of NStwy Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an uni=ocument ett. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Nada Above: Capacity(ies) Claimed by Signer(s)� Signer's Name: ❑ Corporate Officer — Title( s): El Partner — El Limited E]Geal ❑ Individual 01Atto in Fact ❑ Trustee F1 rdian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 B-35 P.C. RESOLUTION NO. 2016-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION, GRADING PERMIT, MINOR EXCEPTION PERMIT, VARIANCE AND SITE PLAN REVIEW TO ALLOW FOR THE CONSTRUCTION OF A NEW 3,709 SQUARE FOOT (GARAGE INCLUDED), SPLIT-LEVEL, RESIDENCE, A 720 SQUARE FOOT ATTACHED DECK, A REDUCTION OF THE REQUIRED FRONT YARD SETBACK BY 2% FEET, CONSTRUCTION OVER AN EXTREME SLOPE, AND 471 CUBIC YARDS OF ASSOCIATED GRADING ON PROPERTY LOCATED AT 29425 PALOS VERDES DRIVE EAST (CASE NO. ZON2016-00090). WHEREAS, on February 29, 2016, the applicant submitted a Grading Permit and Site Plan Review application for the proposed construction of a 3,709 square foot, split-level, residence and garage partially constructed over an extreme slope, an attached 720 square foot deck that cantilevers over an extreme slope, a reduction of the required front yard setback by 2'h feet, and 471 cubic yards of associated grading. After reviewing the project scope, Staff determined that the proposed project also requires approval of a Height Variation, Minor Exception permit, and Variance; and, WHEREAS, on March 10, 2016, Staff completed the initial review of the applications, at which time the project application was deemed incomplete due to missing information on the project plans. The applicant submitted revisions on May 12, 2016, May 16, 2016, July 22, 2016, August 22, 2016, September 29, 2016, and October 19, 2016; and, WHEREAS, on October 21, 2016, the application for Planning Case No. ZON2016-0090 was deemed complete for processing; and, WHEREAS, on October 27, 2016, a public notice was mailed to 33 property owners within a 500 foot radius of the subject property, and was published in the Peninsula News on October 27, 2016, providing the required 30 -day public comment period; and, WHEREAS, Staff determined that the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Article 19, Section 15303(a) (New Construction) of the California Guidelines for Implementation of the CEQA. Specifically, the project proposes to construct a new 3,709 square foot (garage included), split- level, single-family residence with an attached 720 square foot deck in the RS -2 zoning district, which allows for the construction of single-family residences; 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 November 29, 2016, 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: C-1 Section 1: The Planning finds that this project project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Article 19, Section 15303(a) (New Construction) of the California Guidelines for Implementation of the CEQA. Specifically, the project proposes to construct a new 3,709 square foot (garage included), split- level, single-family residence with an attached 720 square foot deck in the RS -2 zoning district, which allows for the construction of single-family residences Section 2. The Planning Commission makes the following findings of fact with respect to the application for a Height Variation to allow the construction of a new 3,709 square foot, split-level residence, with an attached 720 square foot deck to exceed the 16720' height limitation for a lot with a building pad at a proposed height of 11'-8'/2", as measured from the highest elevation of the existing grade covered by the structure (elev. 130.58') to the highest proposed roof ridgeline (elev. 142.29'); and an overall height of 25-4'/z", as measured from the lowest finished grade adjacent to the structure (elev. 116.92') to the highest proposed roof ridgeline (elev. 142.29'): A. The Height Variation is warranted as the applicant has complied with the early neighborhood consultation process, since the applicant provided notification to a minimum of 60% of the landowners within 500 feet of the project site (including those within 100 feet) and has provided notification to the local home owners association, the Miraleste Hills HOA, of the proposed project. More specifically, the property owner obtained 4 signatures from property owners within 100 feet (66.6%) and 24 signatures from property owners within 500 feet (72%). B. The Height Variation is warranted since the proposed residence and attached deck that exceeds sixteen feet in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City -designated viewing areas. Specifically, due to the location of the property and the topography in the immediate area, the proposed structure does not significantly impair a view from the public trails, or as defined by the City's General Plan or NCCP. C. The Height Variation is warranted since the portion of the proposed residence and attached deck that exceeds sixteen feet in height is not located on a ridge or promontory. A portion of the proposed residence would be located on an existing building pad, and is not located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. D. The Height Variation is warranted because the portion of the proposed residence and attached deck that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Views of the ocean, harbor and city lights are observed by the adjacent neighbors in an easterly direction, however the only neighboring properties with views over the subject property are located to the west and south. However, given that the building pads of the properties to the west of the subject property are elevated approximately 1004, to 105- 0" higher than the subject property, and the properties to the south of the subject property are elevated approximately 20'-0" higher than the subject property, the westerly and southerly neighbors will continue to have a view over the proposed residences P.C. Resolution No. 2016-16 Page 2 of 13 C-2 without any adverse impact caused by the proposed project. E. The Height Variation is warranted because the portion of the proposed residence and attached deck that is above sixteen feet in height does not create view impairment from the viewing area of another parcel, and the proposed two-story residence has been designed in a manner to reasonably minimize the impairment of view. F. The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) considering the amount of view impairment that would be caused by the proposed new structure that is above sixteen feet in height or addition to a structure that is above sixteen feet in height; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of similar new structures or additions that exceed sixteen feet in height. Based on a field study and review of aerial maps, when considering similar construction at 2850 Crownview Drive, 2866 Crownview Drive and 2886 Crownview Drive, the Planning Commission determined that similar construction on these locations would not present a significant cumulative view impairment to properties because of the sloping topography of the neighborhood. The identified properties are located on building pads that are approximately 354, to 90'-0" lower in elevation than those of properties located to the west of the identified properties, which would have viewing areas above the roofline heights of the identified residences. G. The Height Variation is warranted because the proposed residence and attached deck complies with all other Code requirements, including the development standards related to the RS -2 zoning district for lots created prior to the City's incorporation with respect to lot coverage and setbacks. H. The Height Variation is warranted because the proposed residence and attached deck are compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style and bulk and mass. With regards to building size and scale, the residence will be larger than the average size of residences in the immediate area, however it will not be the largest home in the neighborhood, as there are four residences within the immediate area that are larger than the proposed residence. Furthermore, the proposed residence is designed in a manner, so as not to create an anomaly in terms of scale and structure size. In terms of the project's compatibility with lot coverage conditions in the area, the proposed project complies with the maximum lot coverage in the RS -2 zoning district (40%), as the project proposes a lot coverage of 30.36%. Furthermore, a field survey of the surrounding neighborhood revealed that many of the residential properties in the immediate neighborhood are at or near the same lot coverage as the subject property. With respect to the project's compatibility with architectural style and materials in the area, the project proposes to maintain the architectural style and design of by utilizing facade materials and treatments that are consistent with the existing amongst the closest twenty homes. The Height Variation is warranted because the proposed residence and 720 square foot attached deck would not create an unreasonable infringement of the privacy of the occupants of abutting residences, as the location of the proposed deck faces Palos Verdes Drive East to the east and Crownview Drive to the north, which are both public P.C. Resolution No. 2016-16 Page 3 of 13 C-3 streets. In addition, the proposed deck will not create an unreasonable infringement of privacy of the occupants at 2850 Crownview Drive, as the proposed deck will be at a lower elevation than that of the building pad on the neighboring property. Section 3: The Planning Commission makes the following findings of fact with respect to the application for a Major Grading Permit to allow 471 cubic yards of grading, consisting of 249 cubic yards of cut and 222 cubic yards of fill with 27 cubic yards of export: A. The proposed grading does not exceed that which is necessary for the permitted primary use of the lot, as the proposed project is in a RS -2 Zoning District, in which the primary use of the lot is residential. The proposed grading would accommodate the construction of a new split-level residential structure and driveway access. B. The proposed grading and/ or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. An aerial analysis of homes to the west and south of the subject property found that views of the ocean, harbor and city lights are observed over the roof of the proposed residence. Furthermore, the analysis revealed that properties to the west of the subject property are elevated approximately 100'-0" to 105'-0" and the property to the south of the subject property is elevated 20'-0" higher than the subject property. Given these topographic conditions, the westerly and southerly neighbors will continue to have a view over the subject property without any adverse impact caused by the proposed project. C. The proposed grading of the natural contour lines and the finished contours are reasonably natural. Proposed grading within the rear yard of the subject property, which is located within the City's Slope Easement area is relatively minor in scale, and is intended to support the construction of the proposed residence. Proposed grading in this area would be minimal to the overall existing natural contours of the subject property along Palos Verdes Drive East. Furthermore, the applicant is proposing to maintain a majority of the natural slopes that surround the property, with the exception of minimal grading within the front yard to accommodate a proposed yard area to provide entry access to the residence. While, the grading surrounding within the front -yard is designed to blend with the existing contours and the finished contours are reasonably natural in this area. D. The grading takes into account the preservation of natural topographic features because although the slope will be altered by cutting out sections of the slope where the structures and will be situated, the rest of the site will be preserved. Also, there are no significant and protected natural topographic features that would be disturbed by the proposed grading especially since the existing lot is improved as a pad lot. Moreover, the proposed grading generally follows the existing slope of the property, results in finished slopes that appear reasonably natural and the proposed land -sculpturing that is to occur, will be it is designed so as to blend the manufactured slopes into the natural topography. Furthermore, prior to the certificate of occupancy, a landscape plan for property will be reviewed and the plants installed to the satisfaction of the Community Development Director, which will aid in stabilizing the graded slope and will also contribute towards blending the manufactured slope into the natural topography. P.C. Resolution No. 2016-16 Page 4 of 13 C-4 E. The proposed grading and the proposed new single-family residence is compatible with the immediate neighborhood character as the grading is to accommodate a residence and on-site improvements which are consistent with homes found in the immediate area and the proposed home is compatible with the neighborhood as stated in Section 1H (above). F. The proposed grading does not involve a new residential tract or modifications to streets or other public infrastructure, as all proposed grading activities will be conducted within the existing subject property. Furthermore, the proposed grading does not impact natural landscape or wildlife habitat, as an analysis determined that the subject property is not within an environmentally sensitive area and does not contain any sensitive species. The subject property is located within an existing residential tract and is zoned for the development of a single-family residence. The proposed grading conforms to the City's standards for grading on slopes, height of cut and fill, and height of retaining walls for ten (10) of eleven (11) proposed retaining walls. More specifically, the residence will be constructed on a lot that was created prior to November 25, 1975, is zoned RS -2 (single-family residential) and will not threaten public health, safety or welfare. The grading does not create any slopes greater than 35%, and the areas of cut and fill would range between V-0" and 4'-6", which is less than code standard of 5'-0" in height/depth. The project does not propose any fill or cut on a slope that exceeds 50% gradient, and the height of retaining walls for ten (10) of the eleven (11) proposed retaining walls conforms to the City's grading standards. Lastly, the project proposes to construct a new driveway that has a slope of 20% maximum. H. Although a 4'-0" tall upslope retaining wall exceeds the height standard for retaining walls located within the required front yard setback of a single-family residential lot, the Planning Commission finds that the proposed wall located along the south-westerly property line of the subject property is consistent with the purpose of Municipal Code section 17.76.040 and is a reasonable development of the land and such walls are typically found throughout the neighborhood due to the existing sloping topography. In addition, the proposed wall will not be detrimental to the public safety, nor to another property, as the City's geotechnical consultant has reviewed and conditionally approved the proposed project, and further review will be required to approve a soil engineering report for the grading and retaining wall prior to building or grading permit issuance. Furthermore, the City, prior to issuance of building permits, requires that the structure and all retaining walls be engineered to meet the requirements of the building code. Pursuant to Section 17.76.040(E)(10)(e) of the RPV Municipal Code, the City is required to notify all owners of property adjacent to the subject property whenever a grading permit is granted for development in excess of that permissible under Section 17.76.040(E)(9) of the RPV Municipal Code. A copy of the Notice of Decision and associated conditions of approval will be sent to the following adjacent property owners: 1) Roger U. Fujii/ 2850 Crownview Drive, 2) Vandi Reza/ 2973 Crownview Drive, 3) Richard C. & Belia O. Smith/ 2959 Crownview Drive 4) California Water Service Company/ 7566-023-026, 5) Nathan M. & Sarah D. Spatz/ 6200 Via Canada, 6) Mark & Khaled Kubicek/ 7566-014-017 (Vacant Parcel). P.C. Resolution No. 2016-16 Page 5 of 13 C-5 Section 4: The Planning Commission makes the following findings of fact with respect to the application for a Minor Exception Permit to reduce the required front yard setback from 20'- 0" to 17'-6", a total setback reduction of 2'/2' in order to construct a front entry porch feature along the westerly or front facade of the proposed residence: The Minor Exception Permit is warranted by practical difficulties due to the irregular lot configuration and topographic conditions of the subject property. The narrowness of the lot and extreme slope conditions of the subject property presents practical difficulties in designing a home that accommodates required setbacks and allows for architectural features, such as the proposed front porch entry feature. The Minor Exception Permit request is to reduce the front yard setback by 2'/2' to allow the construction of a front porch entry feature that is designed to be proportionate to the size of the residence, does not dominate the visual appearance of the residence, and provides articulation along the front or street facing facade and is consistent with other architectural elements in the immediate area. Section 5: The Planning Commission makes the following findings of fact with respect to the Variance request to construct a portion of the proposed residence and cantilevering deck over an extreme slope (35% slope or greater): A. The granting of the Variance request is warranted as the subject property presents exceptional circumstances, which do not apply generally to other properties in the same zoning district, with respect to substandard lot dimensions, an irregular shaped lot and topographic conditions of the subject property. The subject lot, as currently created, does not meet minimum lot depth dimensions established for an RS -2 zoned property. The RS -2 zone requires a minimum lot depth of 120'-0", however, the subject property's lot depth ranges from approximately 65'-0" to 83'-0". In addition, a slope analysis included in the project plans indicates that the majority of the lot along the easterly property line, along Palos Verdes Drive East is considered to be within an extreme slope. The narrowness of the lot and extreme slope conditions along the easterly property line of the subject property present exceptional circumstances in designing a reasonably sized home and related improvements, such as the cantilevering deck that do not extend or cover an extreme slope. Given the subject property's physical constraints, the applicant has designed a residence and deck that are modest in scale and size, with a majority of the proposed residence and deck being outside of an extreme slope area. B. The Variance request to construct over an extreme slope 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. Moreover, an analysis by Staff of the closest 20 homes in the area, found that most of the homes in the neighborhood have a defined building pad, in which the existing residential structures have been constructed upon. However, the existing extreme slope that bisects the subject property between the upper pad and lower pad from east to west, hinders the possibility of constructing a reasonably sized residential structure on the subject property over a defined or continuous building pad, similar to other homes in the area, without having to construct over the existing extreme slope. P.C. Resolution No. 2016-16 Page 6 of 13 C-6 C. The granting of the Variance request will not be materially detrimental to the public welfare or injurious to the property and improvements in the area, as the City's geotechnical consultant has reviewed geologic conditions of the subject property and conditionally approved the project at the planning stage. Furthermore, the City's geotechnical consultant will conduct an additional review of soil conditions within the extreme slope area of the site during the Building and safety Plan Check process, where the portion of the proposed residence and cantilevering deck will be constructed, in order to ensure that the soil and site conditions are safe and adequate for the proposed construction. In addition, the proposed construction will be reviewed by the City's Building and Safety Division to ensure that the portion of the residence and cantilevering deck are constructed according to the City's Building Code requirements. Lastly, the City is recommending conditional approval of the requested Variance, which will allow the City to impose specific conditions on the proposed project to ensure that the project is developed and maintained in a manner so as not to be materially detrimental to the public welfare or injurious to nearby properties and improvements. D. The granting of the Variance request will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan, as the subject property is not located within the Coastal Zone and the proposed construction of the residence and cantilevering deck, over the extreme slope, as the granting of the requested Variance will be consistent with the objectives of the General Plan, as the project proposes to conduct a minimal amount of on-site grading (471 cubic yards) in order to maintain the natural topography, contours and land form of the subject property. In addition, the granting of the Variance will not impact vegetation or wildlife communities, as an analysis by staff found no protected vegetation or sensitive species on the subject property. Furthermore, the requested Variance does not impact the scenic qualities along Palos Verdes Drive East, as the project does not propose any construction over or alteration of the existing extreme slope along the easterly property line of the subject property, which faces Palos Verdes Drive East. Lastly, the subject property will not impact any Open Space (OS) zoning district, as the subject property is located within the RS -2 zoning district. Section 6: The Planning Commission makes the following findings of fact with respect to the application for a Site Plan Review to allow for the construction of a 3,709 square foot, split- level, residence with attached garage and a 720 square foot attached deck: The proposed residence and related improvements comply with development standards established for the RS -2 zoning district for lots created prior to the City's incorporation. More specifically, the project proposes a 30.36% lot coverage, which is below the required 40% lot coverage for an RS -2 zoned property. In addition, the project conforms to setback requirements, with the exception of the front yard setback, as the project proposes 17'-6" front yard setback, but has requested a Minor Exception Permit for a reduction of the required front setback. With respect to other required setbacks, the project proposes an 18'-10" street -side side yard setback, 26'-10'/2" south side yard setback and no rear yard setback, as a result of a property line designation per Section 17.48.030(A)(1) of the Rancho Palos Verdes Municipal Code. P.C. Resolution No. 2016-16 Page 7 of 13 C-7 Section 7: Any interested person aggrieved by this decision or by any portion of this decision may appeal the project to the City Council. Pursuant to Section 17.02.040(C)(1)(g) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following November 29, 2016, the date of the Planning Commission's final action. Section 8: 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 conditionally approves a Height Variation, Grading Permit, Minor Exception Permit, Variance and Site Plan Review to allow the applicant to construct a 3,709 square foot (garage included), split-level, residence and a 720 square foot attached cantilevering deck, along with 471 cubic yards of associated grading, a reduction of the front yard setback by 2'/2" and a Variance to construct over an extreme slope, subject to the conditions of approval in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED this 291h day of November 2016, by the following vote: AYES: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice -Chairman Cruikshank and Chairman Tomblin NOES: None ABSTENTIONS: None RECUSSALS: None ABSENT: None David L. Tomblin, Chairman Ara Mi an, Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2016-16 Page 8 of 13 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2016-00090 (29425 PALOS VERDES DRIVE EAST) General Conditions: 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. Any substantial change 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. 6. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 7. Failure to comply with and adhere to all of these conditions of approval may be cause to P.C. Resolution No. 2016-16 Page 9 of 13 C-9 revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code and 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 Director. 9. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 10. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this 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. 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. 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 P.C. Resolution No. 2016-16 Page 10 of 13 C-10 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. Project Specific Conditions 15. This approval is for the following: A. The construction of a new 3,709 square foot, split-level, single-family residence consisting of 2,758 square feet of habitable area, 711 square feet of attached garage area, and 240 square feet of storage room area. B. The construction of a new 720 square foot attached cantilevering deck. C. The construction of a 75 square foot front porch entry located along the fagade of the residence facing Crownview Drive. D. 471 cubic yards of grading, consisting of 249 cubic yards of cut and 222 cubic yards of fill with 27 cubic yards of export. E. Eleven (11) retaining walls, as follows: a. Five (5) downslope retaining walls within the front setback located along the westerly property line and driveway, which vary in height between 1'-9 3/" and 2'-0". b. Four (4) upslope retaining walls within the front and south -side yard setbacks located along the west and south-westerly property lines, which vary in height from 3'-0" to 4'-0". c. Two (2) downslope retaining walls within the street -side side yard setback located along the easterly property line, which vary between 1'- 3 718" to 3'-0" in height. 16. The proposed retaining walls do not include a guardrail on top. Should a guardrail be required, or installed on the subject property, additional Planning review and approval shall be required. 17. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (30.36% proposed). 18. Maximum hardscape coverage within the 20 -foot front -yard setback area shall not exceed 50%. 19. A minimum 2 -car garage shall be maintained (3 -car garage proposed), 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. P.C. Resolution No. 2016-16 Page 11 of 13 C-11 20. 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. 21. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 22. Prior to building permit issuance and/or commencement of grading, whichever occurs first, the applicant shall obtain approval of a haul route from the Director of Public Works. 23. Prior to the issuance of building permits, the applicant shall demonstrate the project's compliance with the South Coast Air Quality Management District Rule 445 and the City Municipal Code requirements regarding wood -burning devices. 24. The height of the approved project shall be as depicted on the stamped approved plans and in no case shall the maximum height extend above a height of 11'-8'/2", as measured from the highest elevation of the existing grade covered by the structure (elev. 130.58') to the highest proposed roof ridgeline (elev.142.29'); and an overall height of 25'- 4'/2", as measured from the lowest finished grade adjacent to the structure (elev.116.92') to the highest proposed roof ridgeline (elev. 142.29'). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection, based on the above mentioned instructions. 25. The approved residence shall maintain a 17'-6" front yard setback, an 18'-10" street -side side yard setback and a 26-10'/2" south side yard setback. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 26. This approval is for a 2,758 square -foot two-story split-level residence, a 711 square foot 3 -car garage and a 240 square foot storage room (total 3,709 square feet). BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. 27. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to certificate of occupancy. 28. Prior to issuance of any Building or Grading Permits, the applicant shall obtain City Council approval to allow grading and improvements within the City's slope easement as shown on the plans approved by the Planning Commission on November 29, 2016. 29. Prior to issuance of any Grading or Building Permits, the applicant shall submit complete Landscape Plans to the Planning Division for review and approval by the Community Development Director ensuring that the graded slopes are landscaped and retaining walls screened with landscaping. The final approved landscaping shall be installed prior to issuance of a Certificate of Occupancy for the residence. Said plans may be required P.C. Resolution No. 2016-16 Page 12 of 13 C-12 to comply with the State of California Water Efficient Landscape requirements. 30. 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. 31. All applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's geologist prior to Building Permit issuance. P.C. Resolution No. 2016-16 Page 13 of 13 C-13