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PC RES 1977-020 111 RESOLUTION P.C. 77- 20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING A CONDITIONAL USE PERMIT FOR A RESIDENTIAL DEVELOPMENT IN A MULTIPLE FAMILY RESIDENTIAL DISTRICT WHEREAS, Mercury Enterprises, Inc. , has requested a conditional use permit to allow a residential development on a 3.38 acre site located at the southeast corner of Palos Verdes Drive South and Seahill Drive, which is zoned residential multiple family, six units per acre (RM-6) ; and WHEREAS, after notice issued pursuant to the provisions of the City's Develop- ment Code, public hearings were held on June 28, July 12, August 23, and September 27, 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 development is permitted in an RM-6 District, subject to the issuance of a conditional use permit. Section 2: That the 3.38 acre site is located at the southeast corner of Palos Verdes Drive South and Seahill Drive and is of adequate size and configuration to allow twenty (20) multiple family dwelling units, for all open space requirements, pri- vate outdoor living area, landscaping, and other features required by the City's Develop- ment Code or by conditions imposed in this conditional use permit. Section 3: That the proposed development 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: The development will locate primary points of vehicular ingress/ egress on Seahill Drive and Coastsite Drive, which are 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 conditional use permit will not sig- nificantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values, jeopardize, endanger of other- wise 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 guide- lines and the Commission has reviewed and considered the contents of the report in reaching 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 Planning 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 11th day of October , 1977. 4c-- - C. McTaggart, ChiOr n J74„4„., Sharon W. Hightower Director of Planning and Secretary to the Commission 0 0 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 25 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 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 substan- tial completion of all dwelling units may be accepted by the City in lieu of sub- stantial 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 development 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 prior to the final map. Said plan shall include, but not be limited to, plant materials, irrigation system, walls/fences, and lighting. Bonds and agreements must be submitted for any required grading, landscaping, or irrigation improvements prior to filing of the final map. 4. No more than twenty (20) multiple family 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 pro- posed method of maintenance 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 approval of Tentative Tract Map No. 33358 by the City Council without substantial changes or modifica- tions thereto. 8. All future structures and other improvements shall conform to open space, setback, parking, and height requirements as established in 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 shall be ensured through the estab- lishment of a homeowners' association (or equal). Furthermore, maintenance fees for said common area cannot be reduced without written approval of the City. b. Identify all factors that involve structure appearance and use restridtions. C. Membership in the homeowners' association should be inseparable from owner- ship in the individual lots. d. Identify all factors which control use and design of all recreational faci- lities. 10. All attached residential units shall conform to the development standards estab- lished in Chapter 1, Part 4 of the Development Code. 11. Approval of this conditional use permit is subject to the approval of said permit and Tentative Tract Map No. 33358 by the California Coastal Zone Conservation Commission without substantial changes or modifications hereto. Exhibit "A" of Resolution P.C. 77-20 12. The hours of operation for the tennis courts shall be limited to 7:00 a.m. until dusk (daily). Further, the courts shall not be illuminated or lighted unless an amendment to this conditional use permit is approved which permits illumination. 13. Recreational facilities shall be for the sole use of development residents and their guests. No commercial activities (instruction) or tournaments shall be permitted without the written permission of the City of Rancho Palos Verdes. 14. If outdoor lighting is proposed for the deck area surrounding the pool and/or spa, an illumination plan will be required and subject to the approval of the Director of Planning. The lights shall not be used after the hour of 10:00 p.m. 15. A site plan shall be submitted to the Director of Planning which establishes the ridgeline elevation of all structures. Page Two Exhibit "A" of Resolution P.C. 77-20