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PC RES 2023-008 Y P.C. RESOLUTION NO. 2023-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A MAJOR GRADING PERMIT, VARIANCE, SITE PLAN REVIEW, AND ENCROACHMENT PERMIT TO CONSTRUCT A NEW 4,813 FT2 (GARAGE INCLUDED), TWO- STORY, SINGLE-FAMILY RESIDENCE AND ANCILLARY SITE IMPROVEMENTS WITH 1,298 YD3 OF ASSOCIATED GRADING ON A VACANT LOT AT 28160 PALOS VERDES DRIVE EAST (CASE NO. PLGR2022-0032). WHEREAS, on June 27, 2022, Applicant Luis De Morales, on behalf of property owner David De Langis, collectively, "Applicant") submitted Height Variation, Major Grading Permit, Variance, Site Plan Review, and Encroachment Permit applications requesting approval to construct a new three-story residence and ancillary site improvements with associated grading on a vacant lot at 28160 Palos Verdes Drive East; and WHEREAS, on March 28, 2023, the Planning Commission conducted a public hearing on the proposed project and considered public testimony. The Planning Commission continued the public hearing to a date uncertain to allow the Applicant the opportunity to consider project revisions; and WHEREAS, on June 7, 13, and 22, 2023, the Applicant submitted revised project plans, which included modifications to the project design including a reduction in the overall building height, a redesign of the access stairs to eliminate the supporting retaining walls, construction of additional planter areas and associated retaining walls with 417 yd3 of additional grading, and an increase the grading fill height and a decrease in the grading cut depth; and, WHEREAS, on May 25, 2023, a public notice was published in the Peninsula News and mailed to all property owners within a 500-foot radius from the project site, providing a 30-day time period for the submittal of comments; and 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 approved project has been found to be categorically exempt under Section 15303(a)(New Construction) of the CEQA Guidelines. More specifically, the project involves the construction of a single-family residence in the RS-2 zoning district, which is a residential zone; and 01203 0005/901525 1 P.0 Resolution No. 2023-08 Page 1 of 17 WHEREAS, the Planning Commission held a public hearing on June 27, 2023, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS-: Section 1: The above recitals are true and correct and are incorporated herein by reference. Section 2: The approved project involves the construction of a new 4,813 ft2 (garage included), two-story, single-family residence and ancillary site improvements with 1,298 yd3 of associated grading on a vacant lot at 28160 Palos Verdes Drive East. Section 3: The Planning Commission finds that the Variance for the construction of the new 4,813 ft2 two-story residence, which exceeds the 16 foot by-right height limit is warranted because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area and is consistent with the City's General Plan and Costal Specific Plan. Specifically, the slope drops away to the south rapidly from the edge of pavement, and while the steepness of the property results in the average elevation of the front setback line (RPVMC § 17.02.040.B.1.b) being located approximately 17 feet below the elevation of the finished floor of the upper entrance level of the residence and the approved driveway access bridge, the structure only appears to be approximately 13 feet in height as viewed at the north elevation adjacent to PVDE. In addition, project design and associated building height is necessary for the preservation and enjoyment of the property, as the steepness of the lot is not commonly present on other developed lots within the same zoning district, which results in the height of the approved residence exceeding the 16 feet height limit at 30.75 feet. The project site is not located in the Coastal Specific Plan and is not contrary to the objectives of the City's General Plan and policies. Furthermore, the project design and associated building height will not be materially detrimental to the public welfare or injurious to property and improvements because of established compliance with Building Codes and related inspections as well as a comprehensive geological review and consistency with the following: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining 7 signatures (70%) from properties 01203 0005/901525 1 P.0 Resolution No. 2023-08 Page 2 of 17 within 100 feet and 18 signatures (35%) within 500 feet of the project site, where there is no active Homeowners'Association existing in the neighborhood from which proof of notification is required. B. The approved residence does not significantly impair a view from public property (parks, major thoroughfares, bikeways, walkways or equestrian trails), which has been identified in the City's General Plan, Conceptual Trails Plan, Trails Network Plan, or Coastal Specific Plan. The project site is not located within the City's Coastal Zone or any other City specific plan. While the approved residence will be visible from the vehicular view corridor along Palos Verdes Drive East and the C18 Upper Palos Verdes Drive East Trail Segment, the location and vicinity of the project site is not a public viewing area or viewing site, as defined by the General Plan. Hence, there will be no significant view impairments from public property caused by the approved project. C. The approved residence is not located on a ridge or promontory, nor located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. D. The approved residence will not significantly impair a view from the viewing area of another parcel due to the orientation and location of the lots and topography of the area. Views from the residences located along Palos Verdes Drive East are oriented in the southwesterly or southeasterly direction towards either the harbor, ocean, or the pastoral environment of the nearby canyon area, depending on which side of the curve they are located. The properties to the east and west of the project site are at similar elevations with views of the pastoral environment in their rear yards that will not be significantly impaired as the approved residence will be in the far periphery of their view frames. In addition, the properties to the south will not be impacted as they are located at approximately 30 feet higher in elevation than the project site. The properties to the north are located at least 20 feet higher in elevation and at a minimum 160 feet away from the project site. Therefore, the approved residence will have no significant impact on views from neighboring parcels. E. There is no significant cumulative view impairment caused by granting the Height Variation, becauseiven the unique development of residences on sloping lots g p at varying elevations and the existing topography in the area, if additional structures adjacent to the subject property were built at a similar elevation, they would appear single-story in height from the street level, and would not cause significant view impacts in the neighborhood. F. The approved structure complies with all other Code requirements including, but not limited to, setbacks, lot coverage, and parking. The maximum allowable wall height within and outside of the front yard setback and overall structure 01203 0005/901525 1 P.0 Resolution No. 2023-08 Page 3 of 17 height deviations are granted through a Variance as noted in Section 5. G. The approved residence is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The existing neighborhood is comprised of irregularly shaped lots that are improved with custom designed homes that incorporate various design elements and façade treatments from both modern and traditional architectural styles in terms of the building design, materials, and colors. The approved residence incorporates a number of similar architectural features commonly found within the immediate neighborhood. Specifically, the exterior finishes to the residence and ancillary site improvements include stucco façades with wood siding and stone/tile veneer accents. In addition, the appearance of bulk and mass of the approved residence will be minimized by the varied ridgeline elevations, recessed upper floor areas, and inclusion of balconies and a roof deck that serve as visual breaks. The approved project is surrounded by other two-story residences and will appear single-story from the street as the lower level of the residence is below the elevation of PVDE. The approved residence exceeds the required minimum setbacks between adjacent properties that allow sufficient air, light, and privacy between structures. H. The approved residence that is above 16 feet in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Specifically, the approved balconies, roof deck, and windows throughout the facades that are placed above 16 feet in height primarily face the steep down-sloping canyon located to the rear of the property that is improved with mature foliage on both side yards. There will be no unreasonable infringement of privacy due to obstructions caused by the steep topography, existing vegetation, and the layout of the adjacent homes to the east and west, which have little to no useable outdoor space that can be seen from the approved features exceeding 16 feet in height. Section 4: The Planning Commission finds that the Major Grading Permit to conduct 1,298 yd3 of associated grading (130 yd3 of which is within the public right-of-way), consisting of 26 yd3 of cut and 1,272 yd3 of fill with 1,272 yd3 of import, over an extreme slope (i.e., slope steepness 35% or greater) with a maximum depth of cut and fill of 2.75 feet and 21 feet, respectively, is warranted based on the following findings: A. The approved grading does not exceed that which is necessary for the permitted primary use of the lot. The approved project is in a RS-2 zoning district in which the primary use of the lot is residential. The approved grading is to blend the approved two-story residence into the existing extreme slope, and to construct ancillary site improvements such as terraced retaining walls, usable private outdoor area in the east side yard, an 8-foot wide equestrian trail, and a portion of the approved two driveway approaches in the public right-of-way. 01203 0005/901525 1 P.C. Resolution No. 2023-08 Page 4 of 17 B. The approved grading and/or related construction does not significantly adversely affect the visual relationships with nor the views from the viewing area of neighboring properties. The approved residence and ancillary site improvements will descend down the slope and appear as a single-story residence from the street level. Moreover, the approved grading results in a lower finished grade to accommodate the residence rather than a conventional two-story structure. C. The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural. Minimum grading is approved underneath the building footprint to preserve the natural contours through the creation of crawl spaces instead of fill and the grading in the public right-of-way is necessary to support the approved equestrian trail. In addition, the ancillary site improvements along the east side of the approved residence are required to provide for Fire Department access around the residence. The stairs at the west side of the residence have been modified to eliminate the need for grading in this area. 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 natural topography. Terraced retaining walls will be constructed along the east side and rear yards that descend with the down-sloping contours and will be improved with landscaping. In addition, the approved fill in the public right-of-way to support the approved equestrian trail access into the approved residence will be level with the existing street (Palos Verdes Drive East). The remaining slopes beyond the approved project will be preserved and will not be altered. E. The grading and/or related construction is compatible with the immediate neighborhood character as noted in Section 3.G 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 City Biologist found that the approved grading area does not contain natural landscape or wildlife habitat. In addition, avoidance measures have been imposed as part of the Conditions of Approval to ensure there are no significant impacts to sensitive nesting species in the project vicinity. G. The grading conforms to the standards regarding the maximum finished slopes and restricted grading areas. However, grading will occur over a slope greater than 35%, exceed the maximum depth of cut or fill, and exceed the retaining wall height standards. The approved grading may deviate from the criteria as it is consistent with the purposes of a Grading Permit set forth in RPVMC §17.76.040. The purpose of the approved grading is to permit reasonable development of land, 01203 0005/901525 1 P.0 Resolution No. 2023-08 Page 5 of 17 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 approved grading will occur on an average 43% slope with nearly half of the lot zoned Open Space Hazard (OH). However, no improvements are approved in this OH area. Due to the steepness of the existing slope, the maximum depth of grading will exceed 5 feet (approved: 2.75 feet of cut and 21 feet of fill for the residence and a maximum depth of 6.9 feet of fill in the public right-of-way) to: accommodate the approved residence, create a two driveway approaches, and support the approved equestrian trail. In addition, the existing down-sloping lot configuration requires multiple retaining walls in and around the project site that will exceed one 3.5-foot downslope retaining wall (approved: up to 20.75 feet). The approved grading deviations will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity since most of the properties south of Palos Verdes Drive East share comparable topographical conditions that would also require similar deviations if they were not already developed. Furthermore, the approved 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 5: The Planning Commission finds that the Site Plan Review for the approved ancillary site improvements, which include a pool/spa, trash enclosure, planters, stairways, freestanding walls, combination walls and retaining walls up to 20.75 feet in height, and mechanical equipment are warranted as the improvements comply with all applicable Code requirements, provided that the structure height deviation is granted through a Variance as noted in Section No. 3. Section 6: The Planning Commission finds that the Encroachment Permit for the construction of a two driveway approaches (ingress allowed only at the westerly driveway, and egress allowed from either the westerly or easterly driveway) that extend up to 26 feet from the front property line, retaining walls to accommodate fill up to 6.9 feet in height, planters, and 24 inch light fixtures in the public right-of-way with 130 yd3 of associated grading, is warranted based on the following findings: A. The encroachment is not detrimental to the public health/safety: the Public Works Director has made a written determination that the encroachment does not pose a hazard to vehicular traffic, pedestrians, or equestrians; and further that all other requirements for issuance of a Public Works Department encroachment permit are met. The Traffic Safety Committee made recommendations on the proposed encroachment at their April 26, 2021 meeting. Analyses related to traffic safety considerations were completed as part of the Traffic Safety Committee's review of the initial proposal and found 01203 0005/901525 1 P C. Resolution No 2023-08 Page 6 of 17 to be in compliance with the minimum stopping sight distance standards with the application of traffic mitigation and safety measures. Public Works has confirmed that the Encroachment Memo drafted for Planning, as well as the previously recommended modifications to the two driveway approaches and conditions of approval, apply to the approved project, including but not limited to limiting ingress to the west driveway and delineating an 8-foot passageway for trail purposes. B. The encroaching structure cannot be reconfigured or relocated due to practical difficulties as it will require the approved residence to be shifted at least 26 feet to the rear of the property from its current location which would require overly burdensome development costs. Not only would it require additional grading, higher retaining walls, and intensify the bulk and mass of the residence by increasing the overall height, it would also result in encroaching into the Open Space Hazard Zone at the rear of the property, which is designated to prevent unsafe development of hazardous areas that must be preserved or regulated for public health and safety purposes. C. The encroaching structure is not inconsistent with the general intent of the Development Code. By allowing the approved improvements to encroach into the public right-of-way, it will help define the ingress and egress of the two driveway approaches. In addition, the approved encroachment will be consistent with the general intent of the Municipal Code to promote the public health, safety, and general welfare while accommodating reasonable development and minimizing hazards. D. Illuminating elements of the encroaching structure are configured in a manner that minimizes impact to neighboring properties or vehicular traffic and prevents direct or indirect illumination of a property other than the Applicant's, as determined by the Director of Community Development. Specifically, the approved low voltage light fixtures up to 24 inches in height in the public right- of-way for landscaping purposes will be shielded. E. The encroaching structure does not significantly impair a protected view from any surrounding property. Due to the nature of the existing project site that slopes down significantly from the edge of the paved street and topographic conditions in the area, properties in the vicinity will not be impacted. Section 7: Anyinterestedperson aggrieved bythis decision oranyportion of this ggby decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on Wednesday, July 12, 2023. A $3,100.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 p.m. on July 12, 2023. 01203 0005/901525 1 P C Resolution No 2023-08 Page 7 of 17 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 adopts P.C. Resolution No. 2023-08, approving the a Major Grading Permit, Variance, Site Plan Review, and Encroachment Permit to construct a new 4,813 ft2 (garage included), two-story, single- family residence and ancillary site improvements with 1,298 yd3 of associated grading on a vacant lot, subject to the Conditions of Approval contained in the attached Exhibit "A". PASSED, APPROVED AND ADOPTED this 27th day, of June 2023, by the following vote: AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, AND SAADATNEJADI NOES: VICE-CHAIR CHURA ABSTENTIONS: NONE RECUSALS: NONE ABSENT: SANTAROSA IP CCL? "1 ' Da id Chub Vice Chair „( Octavio Silva, Interim Director of Community Development; and, Secretaryof the PlanningCommission 01203 0005/901525 1 P C Resolution No 2023-08 Page 8 of 17 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLGR2022-0032 (MAJOR GRADING PERMIT, VARIANCE, SITE PLAN REVIEW, AND ENCROACHMENT PERMIT) 28160 PALOS VERDES DRIVE EAST General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant 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 final body that approved the original project, which may require 01203 0005/901525 1 P C. Resolution No 2023-08 Page 9 of 17 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 administrative citations as described in RPVMC Chapter 1.16. 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 basis by the contractor or property owner. Existing or temporary 01203 0005/901525 1 P C Resolution No. 2023-08 Page 10 of 17 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 §17.56.050(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. Construct a new 3,503 ft2 two-story residence with an attached 1,310 ft2 two- story garage, resulting in a total structure size of 4,813 ft2; B. Construct 911 ft2 of balcony areas along the east (side) and south (rear) façades of the approved residence; 01203 0005/901525 1 P.C. Resolution No 2023-08 Page 11 of 17 C. Construct improvements in the public right-of-way to provide access to the approved residence including, a new driveway, curb cuts, retaining walls, trail and planters with an Encroachment Permit; D. Construct ancillary site improvements including a pool, spa, trash enclosure, planters, stairways and mechanical equipment; E. Construct freestanding walls, combination walls and/or retaining walls up to 20.75 feet in height outside the front yard setback in support of the approved improvements; F. Conduct 1,168 yd3 of total grading for the private property consisting of 26yd3 of cut and 1,142 yd3 of fill with a maximum cut depth and fill height of 2.75 feet and 21 feet, respectively; G. Conduct 130 yd3 of total grading in the public right-of-way consisting of 130 yd3 of fill with a maximum fill height of 6.9 feet to accommodate the approved 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 30.75 feet, as measured from the average elevation of the setback line abutting the street access (elev. 632.75 feet)to the highest approved roof ridgeline (elev. 663.50 feet); and an overall height of 28.75 feet, as measured from the lowest finished grade adjacent to the structure (elev. 634.75 feet) to the highest approved roof ridgeline (elev. 663.50 feet). 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 approved residence shall maintain setbacks of 10-foot front, 12.92 feet west side, 52.08 feet east side, and a 75.42 foot 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-2 zoning district shall maintain a maximum of 29.84% lot coverage. 01203 0005/901525 1 P.0 Resolution No 2023-08 Page 12 of 17 23. The project site shall maintain a minimum of three enclosed parking spaces and three unenclosed 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 10-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. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 26. The color of the material used for the flat portion of the roof shall not be white and shall be compatible with the color of the sloping portion of the roof as shown on the approved plans, and as deemed acceptable by the Director of Community Development. 27. The maintenance or operation of mechanical equipment, including but not limited to air conditioning 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. 28. 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. 29. 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. 30. The Applicant shall comply with the following conditions as part of the Encroachment Permit reviewed by the Traffic Safety Committee on November 25, 2019, September 28, 2020, and April 26, 2021, and the Public Works Department: A. Egress in either direction (left or right turn out) shall be allowed from either driveway approach. B. Ingress, including left turn in, shall be restricted to the westerly driveway only. C. The easterly driveway shall be gated and opened for egress only. A sign on the gate indicating "no entry" or "exit only" shall be installed and visible by 01203 0005/901525 1 P C Resolution No 2023-08 Page 13 of 17 drivers on Palos Verdes Drive East. D. Shrubbery on the westbound side of Palos Verdes Drive East shall be periodically trimmed or removed by the Applicant to allow for adequate ingress/egress and site distance visibility as determined by the Public Works Department. E. Locate and verify all existing utilities to be shown on the Site Plan. F. Construct the retaining wall (caisson) identified on sheet no. C-3 at least 1 foot south from the property line. G. Construct an 8-foot wide trail in the driveway per Attachment B (Cross Section of Approved Development) of the November 25, 2019 Traffic Safety Committee Staff Report. H. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, Applicant to provide confirmation from all franchise utilities affected that there are no issues with the approved development. I. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, obtain Los Angeles County Fire Department approval of the revised plans. J. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, execute a Covenant and Maintenance Agreement for the current and any future property owners, successors in interest, etc., to assume responsibility regarding any required inspections and reporting, patching and general maintenance of the approved driveway bridge, public trail, retaining walls, and any other structures within the public right-of-way. If the City or any franchised utility company is to remove all or any portion of the driveway or trail, the replacement or repair for the damaged/removed driveway will be with asphalt. The Applicant will make the permanent repairs using concrete. In addition, shrubbery on the westbound side of Palos Verdes Drive East shall be periodically trimmed or removed by the Applicant as needed to allow for adequate ingress/egress and site distance visibility as determined by the Public Works Department. The cost of these requirements shall be borne by the Applicant. This Covenant and Agreement will be prepared by the City Attorney's Office and will include the necessary provisions regarding the items encroaching in the public right-of-way, as well as signage. The cost associated with preparing and recording the Covenant and Agreement shall be borne by the Applicant and run with the property. K. PRIOR TO CERTIFICATE OF OCCUPANCY, provide certification on backfill with compaction, in the area of grading along the property line, and within the public right-of-way. 01203 0005/901525 1 P C Resolution No 2023-08 Page 14 of 17 L. Construct a safety shoulder with mountable curb along the westbound side of Palos Verdes Drive East across from the subject address as included in the plans and approved by the City Engineer. The cost of designing and constructing the safety shoulder and mountable curb along the westbound side of Palos Verdes Drive East shall be borne by the Applicant. M. Storage and/or placement of any materials, equipment or object of any kind within 10 feet of the paved asphalt surface of the Palos Verdes Drive East right-of-way shall be prohibited. 31. The Applicant shall comply with all avoidance measures from the approved biology report dated May 3, 2019, and the updated assessment dated July 13, 2022, 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 15), 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 construction activities using heavy equipment(i.e., graders, bulldozers, and excavators, etc.) cease for longer than 5 days and then resume within the nesting bird season, a follow-up survey is required. Each nesting bird . survey shall include the work area and areas adjacent to the site (within 500 feet, as possible)that could potentially be affected by project related activities including but not limited to noise, vibration, increased human activity, dust, etc. For any active nest(s) identified, the qualified biologist shall establish an appropriate buffer zone around the active nest(s). The appropriate buffer shall be determined by the qualified biologist based on species, location, and the nature of the approved activities. Project activities shall be avoided within the buffer zone until the nest is deemed no longer active, as determined by the qualified biologist. B. If some vegetation within the riparian area is required by the Fire Department to be trimmed at some future time, the Applicant shall contact the California Department of Fish and Wildlife (CDFVV) with respect for the need for a Streambed Alternation Agreement (SAA) for this Site. PRIOR TO BUILDING PERMIT OR GRADING PERMITAN • 32. All applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved bythe City's Geologist. pp Y g 33. A drainage plan shall be reviewed and approved by the Public Works Department. 01203 0005/901525 1 P C Resolution No 2023-08 Page 15 of 17 34. An earth hauling permit shall be approved by the Public Works Department. 35. The Applicant shall be responsible for all City costs incurred for the bird nesting surveys as noted in Condition No. 31A, including submittal of an initial trust deposit in the amount of$1000. 36. The Applicant shall submit complete Landscape Plans and a Trust Deposit of $1,000 to the Planning Division for review and approval by the Director of Community Development. PRIOR TO CERTIFICATE OF OCCUPANCY: 37. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site. 38. All planting areas adjacent to retaining walls shall be landscaped and planted with foliage that will grow to a sufficient height and/or will adequately screen the majority of the tallest exposed retaining wall face, to the satisfaction of the Director of Community Development. 39. The landscaping described in Condition No. 38 shall be maintained in good condition in perpetuity. 40. 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. 41. 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 landscape architect, licensed landscape contractor or the certified irrigation designer that signed any of the documents submitted as part of the landscape documentation package. 42. The Applicant shall comply with the following conditions per the Public Works Department review regarding the driveway access bridge: A. The driveway access bridge shall be ADA accessible. 1 B. The cost of maintenance of the bridge shall be at the Applicant's expense and not at the City's expense. 01203 0005/901525 1 P C. Resolution No. 2023-08 Page 16 of 17 C. A covenant and maintenance agreement for the driveway access bridge shall be signed, notarized, and recorded with Los Angeles County so that it runs with the property. This Covenant and Agreement will be prepared by the City Attorney's Office. The cost associated with preparing and recording the Covenant and Agreement shall be borne by the Applicant. D. A stamped set of engineered plans shall be reviewed and approved by the Department of Public Works and shall include a maintenance manual and schedule of maintenance. The cost associated with preparing and reviewing these plans shall be borne by the Applicant. E. The driveway access bridge shall be designed, such that, if the Encroachment Permit is revoked, the encroaching portion of the driveway access bridge can be removed and ingress and egress to garage will remain feasible. 01203 0005/901525 1 P.C. Resolution No 2023-08 Page 17 of 17