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PC RES 1982-013RESOLUTION P.C. NO. 82-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING A CONDITIONAL USE PERMIT (NO. 82) FOR A RESIDENTIAL PLANNED DEVELOP - BENT IN A SINGLE FAMILY RESIDENTIAL DISTRICT WHEREAS, Rutter Development Corporation has requested a conditional use permit to allow a Residential Planned Development (RPD) on a 57.4 acre site lo- cated at the southwest corner of Crest Road and Crenshaw Boulevard which is zoned Residential Single Family (RS -2) and Open Space Hazard (OH); and WHEREAS, after proper notice, issued pursuant to the provisions of the City's Development Code, public hearing was held on June 89 1982, 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 57.4 acre site is adequate in size and configuration to allow for ninety-four (94) detached single family dwelling units under an RPD concept and for common open space, private outdoor living areas, landscaping, and other features required by the Development Code or by conditions imposed by this permit. Further, that the common open space requirement of thirty (30) percent is waived subject to the criteria of Section 11.06.040 C.1, of the Iievel6pment Code. 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, rifiich 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 and Crenshaw Boulevard which are 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 condi- tions 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 Final Environmental Impact Report No. 19 has been completed in compliance with State and local guidelines 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, 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. 82 for the use de- scribed 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 8th day of June, 1982. sl Chz Sharon W. Hightower Director of Planning and - Secretary to the Commission EXHIBIT "A" CONDITIONAL USE PERMIT NO. 82 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No more than ninety-four (94) single family dwelling units shall be permitted. 2. 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 including: landscaping, recreational facilities, trails and other site features as per approved plans. 3. 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 the 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 sub- stantially 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. 4. If construction has not been completed to the point of foundation inspection for a unit within two (2) years,cor'has not --been completed withn'three '(3) 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. 5. Landscaping and irrigation plans (which include street trees, trails, signs, etc.) 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 land- scape improvements shall be submitted prior to approval of the final tract map. 6. Final Building and site plans, including elevations, private outdoor living area, and lighting shall be submitted to the Director of Planning for approval. The site plan shall clearly show all pad and ridgeline elevations as estab- lished on the approved tentative tract map. 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 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. Said CC&Rs shall include, but not be limited to, the following provisions: a. Maintenance of the commonly owned areas including landscaping, recreation facilities, lookout structures, public easements and medians shall be ensured through the establishment of a homeowners association (or equal). Furthermore, maintenance fees for said area cannot be reduced without written approval of the City. b. Identify all factors that involve structure appearance use restriction. C. Membership in the homeowners association shall be inseparable from owner- ship in the individual lots. d. All structures must conform to the development standards in the Develop- ment Code. e. No structure shall exceed the maximum ridgeline elevation established for each lot on the approved tentative tract map. The ridgeline height for each lot shall be specified in the CC&Rs. The Director of Planning may require certification of all ridgelines. Resolution P.C. No. 82-13 410 f. All landscaping (including street trees) shall be designed and maintained - so that no trees/shrubs or group of trees/shrubs significantly obstructs identified views from adjacent properties or public property. Further, no landscaping or accessory structure shall block or significantly ob- struct solar access to any lot. g. All provisions required by Section 17.14.020 A-G of the City's Develop- ment Code. h. All future structures and improvements or changes thereto shall be subject to review by the Director. of Planning. i. A note and drawing describing the location of all public access ease- ments shall be included in the CC&Rs. • j. The homeowners association shall be responsible for maintenance, replace- ment and/or repair of the landscaped medians and textured surfaces in the public right-of-way. All repairs/replacement of these improvements shall be reported to the Director of Public Works prior to any work being done and no work shall commence without proper approval. k. No structure, landscaping, or any other object which can obstruct views shall exceed six (6) feet in height within the area of Lot 2, as identi- fied on Tract Map No. 38848 as a building restriction area. 1. No structure within any common lot shall exceed a height of twelve (12) feet without approval of the Director of Planning: 8. Following recordation of the approved CC&Rs, the applicant shall submit a recorded copy of the document to the Director of Planning. 9. Approval of this conditional use permit is subject to the approval of Tentative Tract Map No. 38848 by the City Council without substantial modifications or .. changes thereto. 10. The fencing around the commonly owned tennis courts shall not exceed a height of ten (10) feet. Windscreens may be used; however, lights will not be per- mitted without first obtaining approval for a conditional use permit from the Planning Commission. Further, no provision for lights has been approved by the Planning Commission and no conduit or electrical wiring, etc., shall be installed without first obtaining approval for lights. 11. The developer shall install in each dwelling unit a plumbing and circulating system that will allow utilization of solar energy as part of the hybred system for providing hot water. Solar panels shall not exceed the maximum ridgeline of the structure upon which they are placed. Each solar installa- tion shall be reviewed by the Director of Planning. No solar installation shall be placed so as to increase any view impairment. 12. Prior to approval of any building plans the developer shall submit to the Director of Planning for approval a list of architectural controls which shall include but not be limited to roof materials, exterior finishes, walls/ fences, lighting, treatment of television antennas, and landscaping. Said approved list shall become part of the CC&Rs. 13. Prior to the consumation of initial sale of each lot, any buyer shall be apprised that public trail and access easements exist within the tract. This shall be accomplished through the use of a map identifying all such easements which shall be provided to all purchasers and through the use of a statement in the final subdivision report acknowledging that the buyer has been informed of said easements. In addition, the developer shall post a notice, which apprises potential buyers of public trails, in at least two (2) conspicuous locations on the tract (sales office or models). Page two Exhibit "A" of Resolution P.C. No. 82-13 14. Prior to approval of the final map, a plot plan shall be submitted to and approved by the Director of Planning which establishes staggered setbacks from the rim. 15. Within thirty (30) days of the approval of the tentative tract map, the developer shall submit, in writing, a statement that he has read, under- stands and accepts the above conditions. Page three Exhibit "A" of Resolution P.C. No. 82-13