CC SR 20210921 D - 30504 PVDW Granting Appeal
CITY COUNCIL MEETING DATE: 09/21/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to adopt a resolution granting an appeal, thereby
overturning the Planning Commission's decision to deny a project, without prejudice, and
approving the Site Plan Review, Major Grading Permit, and Minor Exception Permit for
the property located at 30504 Palos Verdes Drive West (Case No. PLGR2019-0025).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES GRANTING THE APPEAL OF DAVID HASS
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).
FISCAL IMPACT: By granting the appeal, the Appellant will receive a full refund on the
entire $2,275 appeal fee paid for the City Council appeal hearing.
ORIGINATED BY: Jaehee Yoon, Senior Planner
REVIEWED BY: Ken Rukavina PE, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2021- __ (page A-1)
BACKGROUND AND DISCUSSION:
On September 7, 2021, the City Council held a duly noticed public hearing to consider an
appeal of the Planning Commission’s denial of a Site Plan Review, Major Grading Permit,
and Minor Exception Permit to accommodate the construction of a new 4,350 ft² split-
story residence and ancillary improvements on a vacant 13,350 ft 2 up-sloping flag lot at
30504 Palos Verdes Drive West. 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
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single-family residences on extreme slopes (i.e., 35% or greater) 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, 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.
Attached for the City Council’s consideration is a draft resolution memorializing the
adopted motion at the September 7th meeting (Attachment A), and setting conditions of
approval for the subject development. If the language in the attached draft resolution does
not reflect the consensus of the City Council’s basis for granting the appeal, the City
Council may clarify the resolution by reading into the record language that more
accurately reflects the City Council’s decision to grant the appeal, thereby overturning the
Planning Commission’s denial of the project, and approving the proposed project with
conditions.
ALTERNATIVES:
In addition to Staff’s recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not approve the resolution and provide Staff and/or the Applicant with additional
direction.
2. Identify additional resolution or conditions of approval language to read into the
record.
3. Take other action, as deemed appropriate.
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RESOLUTION NO. 2021-__
A RESOLUTION OF CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES GRANTING THE APPEAL OF DAVID HASS 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 owner
David Hass (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 con cerns 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 re pair 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
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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 eff ect 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 wa s 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 Cou ncil
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.
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
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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
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
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
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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 the primary use of the lot for a split-story residence and ancillary
site improvements. The visible finished contours surrounding the proposed
residence will appear natural by creating gradual finished slopes and the remaining
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.
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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 na tive 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 f rom 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
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
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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, by the following
vote:
Eric Alegria, Mayor
Attest:
Teresa Takaoka, 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-__, was duly adopted by the City Council of said City at a
regular meeting thereof held on September 21, 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Teresa Takaoka, City Clerk
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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/o r 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 final body that approved the original project, which may require new
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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 cond itions 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, garbag e, 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
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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
kitchen, a 210 ft2 balcony, a stairway along each side yard, a 6-foot tall wood
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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.
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26. All colors and materials for the structure and roof shall be as shown in the stamped
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 A/C 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 n o 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
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and annual El Segundo blue butterfly flight season. If special-status plant or
wildlife 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 D enn 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.
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Resolution No. 2021-__
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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:
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 cer tificate
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.
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