PC RES 1978-027RESOLUTION P.C. 78 - 27
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, Omer K. Tingle has requested a Conditional Use Permit to allow a
residential development on a 11.07 acre site located northwest of the inter-
section of Ocean Crest Drive and Island View Drive, which is zoned Residential
Multiple -Family six units per acre (RM -6) and Residential Multiple -Family twelve
units per acre (RM012); and
WHEREAS, after notice, issued pursuant to the provisions of the City's Develop-
ment Code, public hearings were held on September 27, October ll, -October 25,
November 8, December 21, 1977, and January 10, 1978, 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 within
RM -6 and RM -12 districts.
Section 2: That the 11.07 acre site is located at the northwest corner of
Ocean Crest Drive and Island View Drive and is of adequate size and configuration to
allow 38 dwelling units, private corridor living areas, open space, and other
features required by the City's Development Code or by conditions imposed by 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 Island View Drive, Ocean Crest Drive, and an existing private drive,
which are or will be improved and designed to carry both the type and quality of
traffic --to be 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
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
persons in the surrounding area.
Section 6: That the Planning Commission does hereby declare that a Negative
Declaration has been granted, pursuant to the City and State guidelines and the
Commission has reviewed and considered the Initial Study in reaching its decision.
The Planning Commission further finds that the approval of this Conditional Use
Permit will not result in a significant adverse 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
/� C.�1hpZv
Sharon W. Hightower
Director of Planning and
Secretary to the Commission
*-;
14th day of February ,1978.
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Page two of Resolution,P.C. 7$-27
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 29 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 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 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 thirty-eight (38) dwelling units shall be permitted, pursuant to the
approved Tentative Tract Map.
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, inlcuding homeowners' association,
deed restrictions, covenants, dedication of development rights, easements,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. 33093 by the City Council without substantial changes or modifications
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 Restriction 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 restrictions.
C. Membership in the homeowners' association shall be inseparable from onwer-
ship in the individual lots.
d. All units, except for the condominium units on lot 25 of Tentative Tract 33093,
shall be required to share the costs of the maintenance of the common roadway
and entry gate with -owners -6f -the Seagate condominiums. The amount shall be
proportionate to the number of units in the new development.
10. All attached residential units shall conform -to the development standards established
in Chapter 1, Part 4 of the Development Code.
Exhibit "A" to Resolution P.C. 78 - 27