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PC RES 1977-019RESOLUTION P.C. 77-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING A CONDITIONAL USE PERMIT FOR A RESIDENTIAL PLANNED DEVELOPMENT IN A SINGLE FAMILY RESIDENTIAL DISTRICT WHEREAS, Herbert W. Angel has requested a conditional use permit to allow a Residential Planned Development (R.P.D.) on a 1.58 acre site located at the south- east corner of Palos Verdes Drive South and Clipper Road, which is zoned residential single family, four units per acre (RS -4); and WHEREAS, after notice issued pursuant to the provisions of the City's Develop- ment Code, public hearings were held on August 23 and September 15, 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 Devt!lopment (R.P.D.) is permitted in an RS -4 district, subject to the issuance of a Conditional Use Permit. Section 2. That the 1.58 acre site is located at the southeast corner of Palos Verdes Drive South and Clipper Road and is of adequate size and configuration to allow four (4) 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 primary points of vehicular ingress/ egress on Clipper Road, 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 im- posed through this permit, the granting of this conditional use permit will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values, jeopardize, endanger or otherwise constitute a menace to the public health, safety, and welfare of per- sons in the surrounding area. Section 6. That the Planning Commission does hereby declare that a Negative Declaration was granted in compliance with CEQA and State Guidelines and that the Commission has reviewed and considered the contents of the Initial Study in reach- ing its decision. The Planning Commission further finds that the approval of this Conditional Use Permit will not result in a significant adverse environmental impact. Section 7. For the foregoing reasons, the Planting Commission of the City of Rancho Palos Verdes hereby grants a Conditional Use Permit for the use described herein, subject to the conditions contained in Exhibit "A", which are necessary to protect the public health, safety and general welfare in the area. APPROVED and ADOPTED this 27th day of September , 1977. h C. McTaggart, IvAn' tbaron W. Hightower Director of Planning an Secretary to the Commission 111/ EXHIBIT "A" CONDITIONAL USE PERMIT NO. 27 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 and finding that all of the common area and off-site improvements 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 completed 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 submitted for approval by the Director of Planning. Said plan shall include, but not be limited to, plant materials (proposed and existing) , irrigation system, walls/fences, and lighting. 4. No more than four (4) 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 homeowners association, deed restrictions, covenants, dedication of development rights, easement, and proposed method of maintenance and perpetuation of open space areas, shall be submitted 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 approval of Tentative Tract Map No. 32977 by the City Council whithout substantial changes or modi- fications hereto. 8. All future structures and other improvements shall conform to open space, set- back, parking, and height requirements as established 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 CC&Rs shall include, but not be limited to, the following provisions: A. Maintenance of the commonly owned areas, including water course and drains, shall be ensured through the establishment of a homeowners association (or equal) . Furthermore, maintenance fees for said common area cannot be re- duced without written approval of the City. B. Identify all factors that involve structure appearance and use restrictions. C. Membership in the homeowners association should be inseparable from owner- ship in the individual lots. D. The tennis court shall not be lighted, unless a conditional use permit is approved by the City of Rancho Palos Verdes. E. Said CC&Rs shall parallel all CC&Rs of the West Portuguese Bend Community Association, of which this development is a part. 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 re- quired grading, landscaping, or irrigation improvements prior to filing of the final map. Exhibit "A" to Resolution No. 77- 19