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PC RES 1977-013 410 411 RESOLUTION P.C. 77 - 13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING A CONDITIONAL USE PERMIT FOR A RESIDENTIAL PLANNED DEVELOPMENT IST A SINGLE FAMILY RESIDENTIAL DISTRICT WHEREAS, Western America Development Corporation has requested a Conditional Use Permit to allow a Residential Planned Development (R.P.D. ) on a 145 acre ± site located adjacent to the intersection of Palos Verdes Drive South and Palos Verdes Drive East, which is zoned Residential Single Family, one unit per acre (RS-1) and Open Space Hazard (OH) ; and WHEREAS, after notice issued pursuant to the provisions of the City' s Development Code, public hearings were held on May 5, May 24 , June 14 , and July 12, 1977 , at which time all interested parties were given an opportunity to be heard and to present evidence. NOW, THEREFORE, the Planning Commission of the City of Rancho Palos Verdes DOES HEREBY FIND, DETERMINE AND RESOLVE as follows : Section 1. That the proposed Residential Planned Development (R.P.D. ) is permitted in an RS-1 district, subject to the issuance of a Conditional Use Permit. Section 2 . That the 145 acre site is located adjacent to Palos Verdes Drive South and Palos Verdes Drive East and is adequate in size and configuration to allow 57 single family dwelling units under an R.P.D. concept and for all of the open space requirements, private outdoor living area, landscaping and other features required by the City' s Development Code or by conditions imposed in this Conditional Use Permit. Section 3. That the proposed R.P.D. is not contrary to the General Plan since said conformance has been insured by site design and landscaping requirements, which are included as conditions of approval to this permit. Section 4 . That the R.P.D. will locate its primary points of vehicular ingress/egress on Palos Verdes Drives South and East, which is improved and designed to carry both the type and quantity of traffic generated. Section 5. That given the project' s location, site design and conditions imposed through this permit, the granting of this condi- tional use permit will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be ma- terially detrimental to property values, jeopardize, endanger or otherwise constitute a menace to the public health, safety, and welfare of persons in the surrounding area. Section 6. That the Planning Commission does hereby certify that the final Environmental Impact Report has been completed in compliance with State and local guidelines and that the Commission has reviewed and considered the contents of the report in reaching its decision. The Planning Commission further finds that the ap- proval of this Conditional Use Permit will not result in a signifi- cant adverse environmental impact. Section 7 . For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby grants a Conditional Use Permit for the use described herein, subject to the conditions con- tained in Exhibit "A" , which are necessary to protect the public health, safety and general welfare in the area. APPROVED AND ADOPTED this 12th day of July, 1977. / John McT-g rt �.r. �-�-. Chairma `'Sharon W. Hightower, Director of Planning and Secretary to the Commission REVISED AND AMENDED BY P.C. 2 14 8 EXHIBIT "A" , V0/:D ""'- CONDITIONAL USE PERMIT NO. 23 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: ,1. No occupancy permit shall be granted for any structure and no parcels, lots or portion of the site shall be separately sold or encumbered, until approval of the Director of Planning, upon I and finding that all of the common area and off-site improve- ments in the workable phase of which such structure, parcel, lot or portion is a part are completed to the extent that the dwelling units are accessible and livable, and all dwelling units are substantially developed (all building walls covered), as per the approved plans. A bond or other guarantee of substantial completion of all dwelling units may be accepted by the City in lieu of substantial completion. 2. If construction has not been completed to the point of foundation inspection for a unit within one (1) year, or has not been com- pleted within two (2) years from the date of the final tract map or phasing of tract maps approval, the conditional use permit shall expire and be of no further effect, and any final map for the subdivision of land within such residential planned development or workable phase thereof shall become null -and void, and the owner of the property shall cause the subdivision to revert to acreage. 3. A landscaping plan (which includes street trees) shall be sub- mitted for approval by the Director fo Planning. Said plan shall include by not be limited to plant materials (proposed and existing), walls/fences, and lighting. 4. No more than 57 single family detached dwelling units shall be permitted. 5. Final building and site plans, including elevations, private outdoor living area, and lighting shall be submitted to the Director of Planning for approval. 6. All necessary legal agreements and documents, including home- owners' association, deed restrictions, covenants, dedication of development rights, easement, and proposed method of main- tenance and perpetuation of open space areas, shall be sub- mitted and approved by the City Attorney and the Director of Planning prior to approval of the final map. 7. Approval of this Conditional Use Permit is subject to the ap- proval of Tentative Tract Map No. 32991 by the City Council without substantial changes or modifications hereto. 8. All future structures and improvements shall conform to open space, setback, parking, and height requirements as es- tablished in Section 9112 of the Development Code. 9. Prior to approval of the final map, covenants, conditions, and restrictions shall be submitted to the Director of Planning for review. Said C.C. & R's shall include, but not be limited to the following provisions: A. Maintenance of the commonly owned areas shall be ensured through the establishment of a homeowner's association (or equal). Furthermore, mainenance fees for said area cannot be reduced without written approval of the City. B. Identify all factors that involve structure appearance use restrictions. C. Limit the height of all structures to sixteen feet (16'-0" - as defined by the Development Code) throughout Tract 32991 unless it can be clearly demonstrated that there will be no adverse impact and it approval is granted for a height vari- ation pursuant to Section 9113 of the City's Development Code. D. Membership in the homeowner's association should be inspe- arable from ownership in the individual lots. 10. Landscape and irrigation plans (including street trees) must be approved prior to filing of a final map. Bonds and agreements must be submitted for any required grading, landscaping, or ir- rigation improvements prior to filing of the final map. EXHIBIT "A" CONDITIONAL USE PERMIT NO. 23 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No occupancy permit shall be granted for any structure and no parcels, lots or portion of the site shall be separately sold or encumbered, until approval of the Directo'r' of Planning, upon the - finding that all of the common area and off-site improvements in Cond. 1 the workable phase of which such structure, parcel, lot or portion Revised as a part are completed to the extent that the dwelling unit or by P.C. lot is accessible. A bond or other guarantee of substantial 2/14/78 completion of all common areas and off-site improvements may be accepted by the City in lieu of substantial completion. 11�_ 2. nstruction has e c f fou completed to the point of faun the n nt 0 completed 0 e point Cond. 2 .not .been inspect_i� a unit within one (1) year, or has en com- 11n one or enn ne ( 1 a r s com year, has'' Deleted pleted within two ears from the date final tract map final by P.C. or phasing of tract maps a al onditional Use Permit U 11/28/78 shall expire and be of er and any final map for the 1 s)ubddivislio�nof I sj tj 1 p t I hin such residentia ed development I owner or wor �ase thereof shall become null and von the owner 0 v j e property shall cause the subdivision to revert to acre r 3. A landscaping plan (which includes street trees) shall be sub- mitted for approval by the Director of Planning. Said plan shall include but not be limited to plant materials (proposed and existing), walls/fences, and lighting. 4. No more than 57 single family detached dwelling units shall be permitted. 5. Final building and site plans, including elevations, private outdoor living area, and lighting shall be submitted to the Director of Planning for approval. 6. All necessary legal agreements and documents, including home- owners' association, deed restrictions, covenants, dedication of development rights, easement, and proposed method of main- tenance and perpetuation of open space areas, shall be sub- mitted and approved by the City Attorney and the Director of Planning prior to approval of the final map. 7. Approval of this Conditional Use Permit is subject to the ap- proval of Tentative Tract Map No. 32991 by the City Council without substantial changes or modifications hereto. 8. All future structures and improvements shall conform to open space, setback, parking, and height requirements as es- tablished in Section 9112 of the Development Code. 9. Prior to approval of the final map, covenants, conditions, and restrictions shall be submitted to the Director of Planning for review. Said C.C. & R's shall include, but not be limited to the following provisions: A. Maintenance of the commonly owned areas shall be ensured through the establishment of a homeowner's association (or equal). Furtherm6rb, maintenance fees for said area cannot be reduced without written approval of the City. B. Identify all factors that involve structure appearance use restrictions. C. Limit the height of all structures to sixteen feet (16'-0" - as defined by the Development Code) throughout Tract 32991 unless it can be clearly demonstrated that there will be no adverse impact and if approval is granted for a height vari- ation pursuant to Section 9113 of the City's Development Code. D. Membership in the homeowner's association should be insep- arable from onwership in the individual lots. 10. Landscape and irrigation plans (including street trees) must be approved prior to filing of a final map. Bonds and agreements must be submitted for any required grading, landscaping, or in- rigation improvements prior to filing of the final map. 11. Upon the sale of each unimproved lot, the buyer shall be made aware that all grading, and structure shall conform to the plans Cond. 11 approved as part of this Conditional Use Permit. This shall be added by accomplished through the use of a statement (to be approved by the P. C. Department of Real Estate) to be signed by the buyer. All building 2/14/78 and grading plans must be submitted to the Director of Planning — for approval. Page 2, Exhibit "A" Condition 11 Added Planning Commission 2/14/78 Resolution 77-13 Meeting,