PC RES 1978-047RESOLUTION NO. 78-47
A RESOLUTION OF THE PLANNING COMMISSION GRANTING CONDITIONAL
USE PERMIT NO. 43 FOR THE CONSTRUCTION OF A TWO -UNIT RESIDENTIAL
STRUCTURE IN A MULTIPLE FAMILY RESIDENTIAL DISTRICT (RM -6) AND
VARIANCE NO. 35 FOR A REDUCTION IN THE REQUIRED LOT AREA
WHEREAS, Joe Anthony has requested a conditional use permit to allow construction
of a two -unit structure to be located at the southwest corner of Highridge and Peacock
Ridge, which is zoned Residential Multiple Family, six units per acre (RM -6); and
WHEREAS, Joe Anthony has requested a variance for a reduction of the required lot
size from 14,600 square feet to 12,584 square feet; and
WHEREAS, after notice issued pursuant to the provisions of the City's Development
Code, a public hearing was held on October 24, 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 two unit residential structure is permitted in an
RM -6 District, subject to the issuance of a conditional use permit.
Section 2: 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 3: That the project has been determined to have no significant effect on
the environment and a Negative Declaration has been issued. Further, the Planning Com-
mission has considered the initial study in reaching a decision on the project.
Section 4: 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 consti-
tute a menace to the public health, safety, and welfare of persons in the surrounding
area.
Section 5: That such variance is necessary because there are exceptional or extra-
ordinary circumstances or conditions applicable to the property involved, or to the in-
tended use of the property, which do not apply generally to other property in the same
zoning district because all other lots or ownership patterns of lots which were part of
General Plan Amendment No. 2 in this area are capable of being developed with multiple
family structures.
Section 6: That such variance is necessary for the preservation and enjoyment of
a substantial property right of the applicant, which right is possessed by other prop-
erty owners under like conditions in the same zoning district because for all practical
purposes the zone change does not enable the owner of this lot to develop a multiple
family structure whereas the owners of the other parcels could.
Section 7: That the granting of the variance will not be materially detrimental
to the public welfare or injurious to property and improvements in the area in which
the property is located.
Section 8: That the granting of such a variance will not be contrary to the ob-
jective of the General Plan.
Section 9: For the foregoing reasons, the Planning Commission of the City of
Rancho Palos Verdes hereby grants a conditional use permit and variance for the use
described herein, subject to the conditions contained in Exhibit "A", which are neces-
sary to protect the public health, safety and general welfare in the area.
APPROVED and ADOPTED this Z4th day of U(
Sharon W. Hightower
Director of Planning and
Secretary to the Commission
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 43 IS APPROVED SUBJECT
TO THE FOLLOWING CONDITIONS:
1. This approval expires twelve (12) months from the date of approval by the
Planning Commission unless building permits have been'applied for.
2. The grading plan must be approved by the Director of Planning and City Engineer.
3. A geology and/or soil engineering report may be required prior to approval of
building or grading plans.
4. Drainage plans and necessary support documents to comply with the following re-
quirements must be approved by the City Engineer:
a. Provide drainage facilities to remove the flood hazard to the satisfaction
of the City Engineer.
b. No building permit will be issued for the site if subject to flood hazard
until adequate drainage facilities protecting the site are operable as
determined by the City Engineer.
c. Eliminate the sheet overflow and ponding or elevate the floors of the
buildings with no openings in the foundation walls to at least twelve (12)
inches above the finished pad grade.
d. Provide drainage facilities to protect the site from high velocity scouring
action.
e. Provide for contributory drainage from adjoining properties.
5. The Development shall be served by sewers, pursuant to the City Engineer's
requirements.
6. The Fire Department shall review the proposal and submit any comments or rec-
ommendations to the Director of Planning prior to issuance of permits.
7. The owner of the property shall be responsible for the proper maintenance of
the improvements including the landscaping.
8. No occupancy permit shall be granted until such a time as the Director of Planning
has determined that all improvements including landscaping have been properly
installed according to approved plans.
9. 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, irrigation system, walls/fences, and exterior lighting.
10. All attached residential units shall conform to the development standards
established in Chapter 1, Part 4 of the Development Code.
11. All future structures and other improvements shall conform to open space, set-
back, parking, and height requirements as established in the Development Code.
12. Within 30 days of the receipt of the final resolution and conditions, the
developer shall read and consent in writing to said conditions.
13. This project is subject to the approval of a minor exception permit to allow
for a reduction of the front setback.
14. The developer shall cause the concerns identified by the "Restricted Use Area"
on the western portion of the site to be removed or dealt with to the satis-
faction of the City Engineer.
15. The developer shall be required to post a bond, cash deposit, or combination there-
of to cover the cost of improvements to the centerline of the right-of-way of High -
ridge Road, adjacent to said property. The requirement for said improvements shall
be established and approved:by-the Public Works Director.
16. A ridgeline height shall be established and adhered to -by the Director of Planning.
Resolution No. 78-47