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PC RES 1978-032RESOLUTION P.C. 78 - 32 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, S & S Construction Co. has requested a Conditional Use Permit to allow a residential planned development (RPD) on a 60.62 acre site located on Crest Road near the crest of San Pedro Hill which is zoned Residential Single Family (RS -1 and RS -2) 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 November 22, December 13, 1977, January 24, February 14, and March 28, 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 Planned Development (RPD) is permitted in single family districts, subject to the issuance of a Conditional Use Permit. Section 2: That the 60.62 acre site, located on Crest Road, is adequate in size and configuration to allow for 76 detached single family dwelling units under an RPD concept and for open space requirements, private outdoor living areas, landscaping, and other features required by the Development Code or by conditions imposed by this permit. Section 3: That the proposed RPD 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 RPD will locate its primary points of ingress/egress on Crest Road which is or will be improved and designed to carry both the type and the 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 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 other- wise constitute a menace to the public health, safety, and welfare of persons in the surrounding area, since radiation measurements of the adjacent radar facility were taken and determined not to be hazardous, pursuant to existing government standards. Section 6: That the Planning Commission does hereby declare 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 approval of this Conditional Use Permit will not result in a significant adverse environ- mental impact, -since mitigation measures are required. Section 7: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby grants Conditional Use Permit No. 31 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 11 day of April, 1978. �/, Sharon W. Hightower, 1� Director of Planning and Secretary to the Commission M910,01FAM"'N"In --M, - _1e4 _4fr gn C. McTaggart, C1 T91 EXHIBIT "A" Conditional Use Permit No. 31 is approved subject to the following conditions: 1. Prior to issuance of a building or grading permit, and prior to approval of a final map, a bond, or other acceptable security, shall be posted to ensure the completion of all common area and off-site improvements inlcuding: landscaping, recreational facilities, and other site features as per approved plans. 2. No occupancy permit shall be granted for any structure and no parcels, lots or portion of the site -shall be separately sold (close of escrow) 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. 3. Tf-couaLruction has not been completed to the point of foundation inspec * a unit within—oM_� ear, or has not been completed within years from the REVISED date of the final tract m-aa�sing of tract pproval, the conditional SEE NEXT use permit shall expire and be of effect, and any final map for the PAGE subdivision of land wit ' residential plann opment or workable phase thereof sha me null and void, and the owner of the prop all cause the ision to revert to acreage. 4. Landscaping and irrigation plans (which include 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), walls/fences, lookout structure, and lighting. Bonds and agreements for landscape improvements shall be submitted prior to approval of the final tract map. 5. No more than 76 single family detached dwelling units shall be permitted. 6. Final building and site plans, including elevations, private outdoor living area, and lighting shall be submitted to the Director df Planning for approval. The site plan shall clearly show all pad and ridgeline elevations as established on the concept plan approved by the Planning Commission. Any revision which requires a ridgeline to exceed the approved elevation shall be reviewed by the Planning Commission. 7. All necessary legal agreements and documents, including homeowner's association, deed restrictions, covenants, dedication of development rights, easement, and pro- posed 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. Said CC&Rs shall include, but not be limited to the following provisions: A. Maintenance of the commonly owned areas including trails and lookout structure shall be ensured through the establishment of a homeowner's association (or equal). Furthermore, maintenance f6es for said area cannot be reduced without written approval of the City. B. Identify all factors that involve structure appearance use restriction. C. Limit the height of all structures to sixteen feet (16'-0") as defined by the Development Code throughout Tract 33206 unless approval is granted for a height variation pursuant to Section 9113 of the City's Development Code. D. Membership in the homeowner's association shall be inseparable from ownership in the individual lots. E. A declaration apprising all homeowners that the neighboring radar facility may cause interference to electronic home entertainment systems (television, radio, communication equipment, etc.). 8. Approval of this Conditional Use Permit is subject to the approval of Tentative Tract Map No. 33206 by the City Council without substantial changes or modifications hereto. 9. All future structures and improvements shall conform -to open space, setback, parking, and height requirements as established in Section 9112 of the Development Code. 10. Upon the initial sale of each lot, the buyer shall be apprised that home entertain- ment systems (television, radio, communications equipment, etc.) may experience interference caused by the operation of the radar and commercial communication facilities. This shall be accomplished through the use of a -separate statement (to be approved by the Director of Planning and State Department of Real Estate) to be signed by the buyer, a copy of which shall be held by the developer until all subject lots are sold, at which time all statements shall be forwarded to the Director of Planning to be filed in the Conditional Use Permit File. CONDITION #3 AS REVISED BY PLANNING COMMISSION ON APRIL 22, 1980: 3. If construction has not been completed to the point of foundation inspection for a unit within three (3) years, or has not been completed within four (4) years from the date of the final tract map or phasing of tract maps approvals, 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. Douglas M. Hi chli Sharon W. Hightower Director of Planning and Secretary to the Commission Page two Resolution P.C. 7-32 rman