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CC RES 2021-046 RESOLUTION NO. 2021-46 A RESOLUTION OF CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING THE APPEAL OF DAVID HAAS AND ANN MARIE WON AND OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A PROJECT, WITHOUT PREJUDICE, AND APPROVING THE SITE PLAN REVIEW, MAJOR GRADING PERMIT, AND MINOR EXCEPTION PERMIT TO CONSTRUCT A NEW 4,350 FT2 (GARAGE INCLUDED), SPLIT- STORY, SINGLE-FAMILY RESIDENCE AND ANCILLARY SITE IMPROVEMENTS WITH 1,049 YD3 OF ASSOCIATED GRADING ON A VACANT LOT AT 30504 PALOS VERDES DRIVE WEST (CASE NO. PLGR2019-0025). WHEREAS, on October 3, 2019, Luis De Moraes, on behalf of property owners David Haas and Ann Marie Won (collectively, "Applicant"), submitted Site Plan Review, Major Grading Permit, and Minor Exception Permit applications, requesting approval to construct a new residence and ancillary site improvements with associated grading on a vacant lot located at 30504 Palos Verdes Drive West, in the City of Rancho Palos Verdes; and WHEREAS, on October 28, 2019, staff completed an initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The Applicant submitted additional information on several occasions, including revisions to the plan and the silhouette to address concerns raised by the neighboring properties, and on January 8, 2021, staff deemed the application complete for processing, setting the action deadline to March 9, 2021; and WHEREAS, on January 14, 2020, a public notice was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500-foot radius from the project site, providing a 15-day time period to submit comments; and WHEREAS, on February 1, 2021, a courtesy notice was sent out to all property owners within a 500-foot radius from the project site to extend the commenting period for an additional 15 days as the project silhouette required adjustments to repair the posts and flags due to local weather conditions during the original commenting period; and WHEREAS, on February 18, 2021, a subsequent notice was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500-foot radius from the project site as staff became aware of additional grading noted on the geology report that was inadvertently missing from the proposed grading plans that will result in over 1,000 yd3 of associated grading, which requires review by the Planning Commission; and WHEREAS, on March 9, 2021, the Planning Commission held a duly noticed public hearing, at which time the application was continued to a date uncertain, to provide an opportunity for the Applicant and staff to address the concerns raised by the Planning 111 Commission related to Neighborhood Compatibility, privacy, grading, drainage, potential wildlife habitat, and foliage analysis; and WHEREAS, on June 3, 2021, a public notice was mailed to property owners within a 500-foot radius of the project site and published in the Palos Verdes Peninsula News, providing a 15-day time period to submit comments in relation to the revised plans; and WHEREAS, on June 22, 2021, the Planning Commission held a public hearing to reconsider the proposed application, at which time all interested parties were given an opportunity to be heard and present evidence. Due to concerns specific to the proposed grading that will be conducted entirely on extreme slope, a motion to deny the application was passed on a 3-2 vote, with Commissioners Saadatnejadi and Santarosa dissenting, and directed Staff to bring back a resolution to that effect for adoption at the July 13, 2021, meeting; and WHEREAS, on July 13, 2021, the Planning Commission adopted P.C. Resolution No. 2021-12, passed on a 4-0 vote, denying, without prejudice, the requested development applications, and a Notice of Decision was provided to the Applicant, property owner, and interested parties who commented on the project; and WHEREAS, on July 27, 2021, a timely appeal of the Planning Commission's decision was filed by the property owner (Appellant) requesting that the City Council consider overturning the Planning Commission denial of the proposed project; and WHEREAS, on August 12, 2021, a public notice of the appeal hearing was mailed to property owners within a 500-foot radius of the project site and published in the Palos Verdes Peninsula News, providing a 15-day time period to submit comments; and WHEREAS, on September 7, 2021, the City Council held a public hearing to consider the merits of the appeal. After considering evidence introduced into the record including public testimony, the City Council affirmed Staff's interpretation of the Rancho Palos Verdes Municipal Code (RPVMC) relating to the construction or grading of new single-family residences on extreme slopes (i.e., 35% or greater) as set forth in §17.48.060(G) and §17.76.040(E)(9)(a), and the grading criteria set forth in §17.76.040(E)(10) of the RPVMC, thereby allowing construction on extreme slopes under certain conditions. Subsequently, a motion was passed to grant the appeal and conditionally approve the project as designed on a 3-2 vote, with Mayor Pro Tem Bradley and Councilmember Ferraro dissenting, and directed Staff to bring back a resolution to that effect for adoption at the September 21, 2021, meeting. I Resolution No 2021-46 Page 2 of 6 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources 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, the proposed project has been found to be categorically exempt under Section 15303(a) (new construction of a single-family residence) of the CEQA Guidelines: the project involves the construction of a single-family residence in the RS-4 zoning district, which is a residential zone; and NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed project involves the construction of a new 4,350 ft2 (garage included) split-story residence and ancillary site improvements with 1,049 yd3 of associated grading on a vacant lot. Section 2: The City Council approves the Site Plan Review for the construction of a new 4,350 ft2 (garage included) split-story residence and ancillary site improvements with an overall height of 30 feet based on the following findings: A. The proposed residence and ancillary site improvements, including two air conditioning units, eight skylights, a new motor-court, a 678 ft2 roof deck with outdoor kitchen, a 210 ft2 balcony, a stairway along each side yard, a 6-foot tall wood fence along the front, rear and side property lines, a 5-foot tall retaining wall along the rear façade, and terraced planters up to 8 feet-6 inches in height along the front of the residence comply with all RPVMC requirements in the RS-4 zoning district, including, but not limited to the minimum required setbacks, lot coverage, height, and parking. B. The proposed residence is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The structure size is within the range of the immediate neighborhood and comparable to that of the two closest homes that share the same driveway. As designed, the proposed project incorporates similar design features found within the surrounding homes p g with slight variations including smooth stucco walls, wood sidings, and flat roofs. In addition, the appearance of potential bulk and mass of the proposed residence will be minimized with the varying design elements that provide articulation and visual interest such as the inclusion of a balcony, roof deck, trellis, and undulated setbacks in the front yard and between the entry and upper level, as well as varied multiple roof parapet elevations. The scale of the residence will be further reduced with landscaping along the front and side yards proposed by the Applicant. There are other split-story or two-story homes in the immediate neighborhood and the height of the proposed project complies with the by-right building envelope. Lastly, open space between structures will not be affected as the setbacks will exceed the I Resolution No. 2021-46 Page 3 of 6 minimum required to provide open space for adequate light and air between the proposed residence and abutting properties. C. The proposed 210 ft2 balcony and 678 ft2 roof deck will not result in an unreasonable infringement of the privacy of the occupants of abutting residences due to the distance, layout, and direction of the views available from the balcony and roof deck towards the abutting properties private outdoor areas. Section 3: The City Council approves the Major Grading Permit to conduct 1,049 yd3 of associated grading, consisting of 798 yd3 of cut and 251 yd3 of fill with 547 yd3 of export, over an extreme slope (i.e., slope steepness 35% or greater) with a maximum depth of cut and fill of 15 feet and 10 feet, respectively, on a legally subdivided lot existing as of November 25, 1975, based on the following findings: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The proposed project is in a RS-4 zoning district in which the primary use of the lot is residential. The proposed grading is to notch the proposed residence into the existing extreme slope to accommodate a split-story residence on a steep up-sloping lot and construct ancillary site improvements such as terraced planters along the front yard, a retaining wall along the rear yard, and a motor-court. B. The grading and/or related construction does not significantly adversely affect the visual relationships with nor the views from the viewing area of neighboring properties. There will be no potential view impacts to neighboring properties to the east as the highest roof ridgeline of the proposed residence will be lower than the pad elevation of the neighboring properties that have a view frame in the direction of, and over the project site. The proposed project will not adversely affect protected view frames of properties to the north, south, and west as their viewing areas do not look in the direction of, or over the project site. C. The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural. Most of the grading is proposed under the building footprint and motor-court, with limited grading outside of these areas to build terraced planters along the front yard, a retaining wall in the rear yard, and stairways along the side yards that will gradually slope up so as to blend seamlessly with the existing slope. In addition, there is no grading proposed on the project site to create a flat private outdoor area such as an open patio to further minimize grading on 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. Most of the grading will be limited to accommodate theprimaryuse of the lot for a split-story residence and ancillary p ry site improvements. The visible finished contours surrounding the proposed Resolution No 2021-46 Page 4 of 6 residence will appear natural by creating gradual finished slopes and the remaining 111 natural slopes will be preserved. E. The grading and/or related construction is compatible with the immediate neighborhood character as noted in Section 2B above. F. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. A biology report reviewed and approved by the Palos Verdes Peninsula Land Conservancy found that there will be no significant impacts to native habitats nor adverse effects on special-interest species with the implementation of avoidance measures which are included in the Conditions of Approval. G. The grading conforms to the standards for grading on extreme slopes (35% or greater), maximum finished slopes, retaining walls, and driveways. However, grading will occur on slopes exceeding 50% with a maximum depth of cut and fill exceeding 5 feet to accommodate the residence and ancillary site improvements. The grading may be allowed to deviate from the maximum depth of cut or fill and restricted grading areas as it is consistent with the purposes of the Grading Permit set forth in RPVMC §17.76.040. Specifically, the proposed grading is to permit reasonable development of land, ensuring the maximum preservation of natural scenic character of the area consistent with reasonable economic use of such property; and that such project complies with all goals and polices of the General Plan, any specific plan and any amendments. The proposed deviation is due to the unique topography of the lot that is encumbered by steep slopes that will require any residential development to deviate from the standards as the steepness of the lot is an existing condition that will continue to remain. As the buildable area of the project site is almost entirely encumbered by extreme slope, a grading depth of 5 feet and restrictions on constructing on slopes exceeding 50% will pose practical difficulties for the property owner to reasonably develop the project site similar to what is found in the neighboring homes which have also likely been graded on extreme slopes in the past to create a pad lot. The proposed grading deviations will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity since the site contains extraordinary topographical constraints not normally evidenced in other lots in the vicinity that have a building pad or less sloping conditions. Furthermore, the proposed grading deviations will not be detrimental to the public safety nor to other properties as compliance with the Building Code, approval by the City's geologist, and a series of inspections will be required throughout project construction. Lastly, a Notice of Decision will be provided to interested parties and adjacent property owners. Section 4: The City Council approves the Minor Exception Permit for the proposed terraced planters up to 8 feet-6 inches in height, located outside of the front yard setback area, based on practical difficulties due to the steepness of the hillside lot that requires 111 Resolution No. 2021-46 Page 5 of 6 excavating up to 15 feet in depth to notch the proposed split-story residence into the existing slope. While the height of the planters is individually measured at 2 feet-6 inches and 6 feet-6 inches tall, the planter height becomes 8 feet-6 inches as a single unit due to the less than 3 feet distance from each other. Allowing a terraced planter up to 8 feet-6 inches in height will be consistent with the City's grading criteria and provide visual relief compared to a solid retaining wall with the same height. Section 5: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6 and §17.86.100(B) of the RPVMC. Section 6: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. PASSED, APPROVED AND ADOPTED this 21st day of September 2021 tki . Eric ,Ale riaMayo\ g Attest: 111 1eres -Tákaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2021-46, was duly adopted by the City Council of said City at a regular meeting thereof held on September 21, 2021. eres Takaoka, City Clerk Resolution No. 2021-46 Page 6 of 6 RESOLUTION NO. 2021-46 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLGR2019-0025 (SITE PLAN REVIEW, MAJOR GRADING PERMIT, AND MINOR EXCEPTION PERMIT) 30504 PALOS VERDES DRIVE WEST General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and/or 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 Exhibit"A". 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 (RPVMC) shall apply. 5. Pursuant to RPVMC §17.78.040, the Director of Community Development 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 be considered a revision and require approval by the I Resolution No 2021-46 Exhibit A Page 1 of 7 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 specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the RPVMC, 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 revoke the approval of the project pursuant to the revocation procedures contained in RPVMC §17.86.060, or may be cause of the issuance of administrative citations as described in Chapter 1.16 of the RPVMC. 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 RPVMC §17.86.070 within one year of the final effective date of this Notice of Decision, 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 approval. 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 I Resolution No 2021-46 Exhibit A Page 2 of 7 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 RPVMC §17.56.020(C). Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920. 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 7:00 AM Monday through Friday and before 9:00 AM 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. 16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030. 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. 17. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 18. The Applicant shall remove the project silhouette within 7 days after a final decision has been rendered and the City's appeal process has been exhausted. Project Specific Conditions: 19. This approval shall allow for the following: A. Construction of a new 4,350 ft2 (3,821 ft2 residence and 529 ft2 attached garage) split-story residence at 30504 Palos Verdes Drive West, Assessor's Parcel No. 7582-011-028; B. Construction of ancillary site improvements, including two air conditioning units, eight skylights, a new motor-court, a 678 ft2 roof deck with outdoor Resolution No 2021-46 Exhibit A Page 3of7 kitchen, a 210 ft2 balcony, a stairway along each side yard, a 6-foot tall wood fence along the front, rear and side property lines, a 5-foot tall retaining wall along the rear façade, and terraced planters up to 8 feet-6 inches in height along the front of the residence; and, C. On-site grading, consisting of 1,049 yd3 of associated grading (798 yd3 of cut and 251 yd3 of fill with 547 yd3 of export) to accommodate the proposed improvements. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. 20. The height of the approved residence shall be as depicted on the stamped APPROVED plans and in no case shall the height of the residence extend above a height of 4 feet as measured from highest elevation of the existing grade covered by the structure (elev. 153.5 feet) to the highest proposed roof ridgeline (elev. 157 feet-6 inches); and an overall height of 30 feet as measured from lowest finished grade adjacent to the structure (elev. 127.5 feet) to the highest proposed roof ridgeline (elev. 157 feet-6 inches). 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. 21. The proposed residence shall maintain setbacks of 20-foot front, 7 foot-6 inches north side, 7 foot-2 inches south side, and a 15 foot-6 inches rear. SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO POURING FOUNDATIONS. 22. Unless modified by the approval'of future planning applications, the approved project within the RS-4 zoning district shall maintain a maximum of 47.76% lot coverage. 23. The project site shall maintain a minimum of two-enclosed parking spaces at all times. An enclosed parking space shall have an unobstructed ground space of no less than 9 feet in width and 20 feet in depth, with a minimum 7-foot vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9 feet in width by 20 feet in depth. 24. Driveways, paved walkways and parking areas shall not cover more than 50% of the required 20-foot front setback area. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall not be considered to be landscaping. 25. Roof eaves shall not project into the required setback more than 6 inches for each foot of the required setback, provided that there are no vertical supports within the required setback areas. 26. All colors and materials for the structure and roof shall be as shown in the stamped 111 Resolution No. 2021-46 Exhibit A Page 4 of 7 APPROVED plans, including the north-facing railing of the roof deck which shall be designed and maintained with stucco wall railing. 27. The height of the proposed skylights shall not exceed the highest ridgeline of the house. 28. The approved NC unit shall comply with the required front setbacks and shall be screened from view from adjacent public right-of-way with foliage or other appropriate screening. 29. The maintenance or operation of mechanical equipment, including but not limited to AC units or pool filters, generating noise levels in excess of 65 dBA as measured from the closest property line shall constitute a public nuisance in accordance to Chapter 8.24 of the RPVMC. 30. Any outdoor furnishings, accessories or plants located on the balcony and roof deck shall not exceed a height of 8 feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck. 31. Any outdoor furnishings, accessories or plants located on the balcony and roof deck which exceed the height limits established in RPVMC §17.02.040, shall not significantly impair a view from surrounding properties. 32. The Applicant shall comply with all avoidance measures from the approved biology report dated March 4, 2020, which are imposed as follows: A. WITHIN 3 DAYS PRIOR TO ANY VEGETATION CLEARING OR CONSTRUCTION ACTIVITIES PLANNED TO OCCUR DURING THE NESTING BIRD SEASON (January 1 through September 30), a nesting bird survey shall be conducted by a qualified biologist to ensure that birds are not engaged in active nesting within or immediately adjacent to the project site. If nesting birds are discovered during preconstruction surveys, the biologist should identify an appropriate buffer (i.e., up to 500 feet depending on the circumstances and specific bird species) where no clearing, grading, or construction activities with potential to have direct or indirect impacts on the nesting birds are allowed to take place until after the birds have fledged from the nest, or the qualified biologist has determined that the nest is no longer active. B. Prior to any ground or vegetation disturbance, an appropriately timed survey shall be conducted by a qualified biologist and submitted to the City regarding the El Segundo blue butterfly and annual special-status plant species. The survey should be conducted in May to cover the springtime blooming period and annual El Segundo blue butterfly flight season. If special-status plant or wildlife I Resolution No 2021-46 Exhibit A Page 5 of 7 species are detected within the project disturbance limits (as determined by the qualified biologist), applicable approvals must be obtained prior to any site disturbance activities. PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE 33. All applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 34. A complete drainage plan shall be reviewed and approved by the Public Works Department which shall include routing the yard drains from the existing driveway to the headwall area to be consistent with the current drainage pattern. 35. A Low Impact Development Plan shall be submitted for review and approval to comply with the National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharge. 36. An earth hauling permit shall be approved by the Public Works Department. 37. The Applicant shall be responsible for all City costs incurred for the bird nesting surveys as noted in Condition No. 32A, including submittal of an initial trust deposit in the amount of$500. 38. Based on a foliage analysis conducted on March 10, 2021, the following foliage shall be trimmed or removed in order to protect the view from surrounding viewing areas: Remove or crown reduce the 18-inch Pine Tree located closest to Palos Verdes Drive West as shown on the Easement Mapping by Denn Engineers down to 16 feet in height, as measured from the base of the tree. The owner of the property is responsible for maintaining, in perpetuity, all foliage on the property, which exceeds 16 feet in height, as measured from the base of the tree or which exceeds the lowest adjacent ridge line of the primary structure, whichever is lower, so as not to significantly impair the view from surrounding viewing areas. PRIOR TO CERTIFICATE OF OCCUPANCY 39. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site. 40. The Applicant shall submit complete Landscape Plans and associated Trust Deposit to the Planning Division for review and approval by the Director of Community Development that include the following: Resolution No 2021-46 Exhibit A Page 6 of 7 A. All vegetation located outside of the approved residential building footprint and ancillary site improvements shall not be removed for ancillary uses which are not part of the stamped APPROVED plans, in accordance with the performance criteria set forth in the Natural Overlay Control District. The final approved landscaping shall be installed prior to issuance of a Certificate of Occupancy for the residence. The landscape plans may be required to comply with the State of California Water Efficient Landscape requirements, as determined by the City's landscape consultant. Upon completion of the installation of the landscaped areas or altered landscaped area subject to RPVMC §15.34.100, the project Applicant shall submit a certificate of completion, in the form provided by the City, for review and approval by the Director of Community Development. The certificate of completion shall be executed by either the licensed landscaped architect, licensed landscape contractor or the certified irrigation designer that signed any of the documents submitted as part of the landscape documentation package. I Resolution No. 2021-46 Exhibit A Page 7 of 7