PC RES 1987-077 411
RESOLUTION P. C. NO. 87- 77
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING THE DRAFT
NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT
NO. 529 AND APPROVING TENTATIVE PARCEL MAP NO. 19021 ,
CONDITIONAL USE PERMIT NO. 133 AND GRADING NO. 1073
FOR A THREE UNIT CONDOMINIUM SUBDIVISION AT
29375 INDIAN VALLEY ROAD.
WHEREAS , Tentative Parcel Map No . 19021 , Conditional Use
Permit No . 133 and Grading No . 1073 have been filed which would
create three (3) condominiums and one ( 1 ) commonly owned open
space lot from a 13 , 859 square foot parcel; and
WHEREAS , Mr . Reza Irani and Mr. M. Javad Farboundmanesh have
requested a Conditional Use Permit to allow a Residential Planned
Development (RPD) on the subject property which is zoned
Residential Multiple Family (RM-12) ; and
WHEREAS , after notice , issued pursuant to the provisions of
the City' s Development Code , public hearings were held on November
24 , 1987 , and December 8 , 1987 , at which time all interested
parties were given an opportunity to be heard and 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 after consideration of the Initial Study,
the proposal will have no significant impacts on the environment ,
due to the incorporation of mitigation measures into the design of
the project , as expressed in the Final Negative Declaration for
Environmental Assessment No . 529 .
Section 2 : That the creation of three (3) attached
condominiums and one (1 ) common open space lot , and related
improvements is consistent with the City' s Development Code and is
compatible with the objectives , policies , general land use and
programs specified in the General Plan.
Section 3 : That the subject property is physically suitable
to accommodate the proposed development in terms of design and
density and will not result in substantial environmental damage ,
based on compliance with the City' s Development Code , General Plan
and mitigation measures identified in the Initial Study for
Environmental Assessment No. 529 .
Section 4 : That the creation of condominiums and the
associated improvements will not be materially detrimental to
Resolution P.C. 87- 77
Page 1
110 410
property values , jeopardize , endanger or otherwise constitute a
menace to the surrounding area , since physical improvements ,
dedications and maintenance agreements are required .
Section 5 : That the division and development of the property
will not unreasonably interfere with the free and complete
exercise of the public entity and/or public utility right-of-way
and/or easement within the parcel .
Section 6 : That the discharge of sewage from this subdivision
into the public sewer system will not violate the requirements of
the California Regional Water Quality Control Board pursuant to
Division 7 (commencing with Section 13000 of the water code) .
Section 7 : That the project will have access points of
ingress/egress on Indian Valley Road which is or will be improved
and designed to carry both the type and quantity of traffic
generated .
Section 8 : The grading is not excessive beyond that necessary
for the permitted primary use of the lot .
Section 9 : The grading and/or construction does not
significantly adversely affect the visual relationship with , nor
the primary views from, neighboring sites .
Section 10 : The nature of the grading minimizes disturbance
to the natural contours ; finished contours are reasonably natural .
Section 11 : Dedications required by local ordinance are shown
in the Tentative Map and/or set forth in the conditions attached
hereto as Exhibit "A" .
Section 12 : That the Planning Commission does hereby declare
that the Initial Study and Draft Negative Declaration have been
completed in compliance with state and local guidelines and that
the Commission has reviewed and considered their contents in
reaching its decision. The Planning Commission further finds that
the approval of the Tentative Parcel Map, Conditional Use Permit ,
and Grading Permit will not result in a significant adverse
environmental impact , since the mitigation measures have been
incorporated into the design of the project .
Section 13 : For the foregoing reasons , the Planning
Commission of the City of Rancho Palos Verdes hereby grants a
Negative Declaration for Environmental Assessment No. 529 ,
Resolution P .C . 87- 77
Page 2
Tentative Parcel Map No . 19021 , Conditional Use Permit No . 133
and Grading No. 1073 for the use described herein, subject to the
conditions in Exhibit "A" , which are necessary to protect the
public health, safety and general welfare in the area .
PASSED , APPROVED and ADOPTED this 8th day of December , 1987 .
an S. Ortolano
Chairperson
/fr61 /1171 "----/
e ,t Benar , Director of
Environmental Services and
Secretary to the Commission
Resolution P .C . 87- 77
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411 110
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO . 19021
GENERAL
1 . Within thirty (30) days the developer shall submit , in
writing a statement that he has read and understands all
conditions of approval .
2 . The City' s filing fee for a final map shall be paid within
six (6) months of approval of the tentative map .
3 . The developer shall supply the City with one brownline and
one print of the record map.
4 . This approval expires twenty-four (24) months from the date
of approval of this parcel map by the Planning Commission of
the City of Rancho Palos Verdes .
SUBDIVISION MAPACT
5 . Prior to recordation of the final map, the developer shall
comply with Section 66493-C (relative to special assessments)
of the State Subdivision Map Act .
6 . Prior to submitting the final map to the City Engineer for
his examination pursuant to Section 66442 of the Government
Code , obtain clearances from all affected departments and
divisions , including a clearance from the Subdivision Section
of the Mapping Division of the City Engineer for the
following items : mathematical accuracy, survey analysis ,
correctness of certificates and signatures , etc .
COUNTY RECORDER
7 . If signatures of record title interests appear on the final
map, submit a preliminary guarantee. A final guarantee will
be required at the time of filing of the final map with the
County Recorder. If said signature do not appear on the final
map , a preliminary title report/guarantee is needed that
covers the area showing all fee owners and interest holders .
The account for this preliminary title report guarantee
should remain open until the final map is filed with the
County Recorder .
Resolution P .C. 87- 77
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• TPM No. 19021, Co ' tions of Approval41/
December 8, 1987
COMPLETION DEADLINE
8 . If construction has not been completed to the point of
foundation inspection for a unit within two (2) years, or if
the project has not been completed within (3) years from the
date of the final parcel map or phasing of parcel map' s
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.
COMPLETION PER APPROVED PLANS
9 . No occupancy permit shall be granted for any structure and
parcels; not lots or portion of the site shall he 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.
GEOLOGY
10 . All geologic hazards associated with this proposed
development shall be eliminated or the City Geologist shall
designate a restricted use area in which the erection of
buildings or other structures shall be prohibited.
GRADING
11 . A grading plan shall be approved by the City Engineer and
City Geologist. This grading plan shall be based on a
detailed engineering geology and/or soils engineering report
and shall specifically be approved by the geologist and/or
soils engineer and show all recommendations submitted by
them. It shall also agree with the tentative map and
conditions as approved by the City Council.
12 . A note shall be placed on the approved grading plan that
requires Director of Environmental Services approval of rough
grading prior to final clearance. The Director (or a
designated staff member) shall inspect the graded site for
accuracy of pad elevations, created slope gradients, and pad
size. Further, the Director may require certification of any
grading related matter.
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TPM No. 19021 , Conditions of Approval
December 8, 1987
13 . Prior to issuance of grading permits and/or building permits,
a method of control to prevent dust and windblown earth
problems shall be approved by the Director of Environmental
Services.
14 . Graded slope tops shall be rounded, slope gradients shall be
varied and no significant abrupt changes between natural and
graded slopes will be permitted. All created slopes shall not
be greater than 3 :1.
15 . A construction plan shall be submitted to the Director of
Environmental Services prior to any grading permits being
issued. Said plan shall include but not be limited to: limits
of grading, estimated length of time for rough grading and
improvements, location of construction trailer, location and
type of temporary utilities.
16 . A preliminary soils report is required before grading
approval .
ARCHEOLOGY
17 . A qualified archaeologist shall make frequent periodic in-
grading inspections to further evaluate cultural resources on
the site. If archaeological resources are found, all work in
the immediate area shall stop and the resources shall be
removed or preserved. All "finds" shall be reported to the
Director of Planning immediately.
18 . A qualified paleontologist shall be present during all rough
grading operation. If paleontological resources are found,
the paleontologist shall stop all work in the affected area
and all resources shall be excavated or preserved. All
"finds" shall be reported to the Director of Planning
immediately.
SEWAGE SYSTEM
19 . The usage of the lots may be limited by the size and type of
sewage system that can legally be installed.
20 . The subdivider is advised that approval of this subdivision
of land is contingent upon the installation and use of a
sewer system.
21 . Prior to approval of the final map the subdivider shall
submit to the Director of Environmental Services a written
statement from the County Sanitation District approving the
design of the tract with regard to existing trunk line sewer.
Said approval shall state all conditions of approval, if any.
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TPM No. 19021, Con tions of Approval
December 8, 1987
WATER SYSTEM
22. There shall be filed with the City Engineer a statement from
the purveyor indicating that the proposed water mains and
any other required facilities will be operated by the
purveyor, and that, under normal operatina conditions, the
system will meet the needs of the development.
23 . At the time the final land division map is submitted for
checking, plans and specifications for the water systems
facilities shall be submitted to the City Engineer for
checking and approval, and shall comply with the City
Engineer ' s standards. Approval for filing of the land
division is contingent upon approval of plans and
specifications mentioned above. The subdivider must also
submit a labor and materials bond in addition to either:
a. An agreement and a faithful performance bond in the
amount estimated by the City Engineer and guaranteeing
the installation of the water system; or
b. An agreement and other evidence satisfactory to the City
Engineer indicating that the subdivider has entered into a
contract with the serving water utility to construct the
water system, as required, and has deposited with such
water utility security guaranteeing payment for the
installation of the water system.
24 . All lots shall be served by adequately sized water system
facilities which shall include fire hydrants of the size and
type and location as determined by the Fire Chief. The water
mains shall be of sufficient size to accommodate the total
domestic and fire flows required for the land division.
Domestic flow requirements shall be determined by the Fire
Chief.
DRAINAGE
25 Drainage plan and necessary support documents to comply with
the following requirements must be approved prior to filing
of a final map:
a. Provide drainage facilities to remove any flood hazard to
the satisfaction of the City Engineer and dedicate and
show easements on the final map.
b. Eliminate the sheet overflow and ponding or elevate the
floors of the buildings with no openings in the foundation
walls to at least twelve inches above the finished pad
grade.
c. Provide drainage facilities to protect the lots from high
velocity scouring action.
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TPM No. 19021, Conditions of Approval
December 8, 1987
d. Provide for contributory drainage from adjoining
properties.
e. Conduct all site drainage to the street by non-erodible
means.
26. All drainage swales shall have the cement colored to earth
tones.
STREETS
27. The developer shall make a cash payment in an amount of
$1,500 towards to cost of street slur of Indian Valley Road,
which abuts the project.
28. The developer shall repair any damaged sidewalks, curbs and
gutters adjacent to the property to the City standards.
EASEMENTS
29. Utility and other easements shall be subject to review by the
City Engineer to determine their final locations and
requirements.
30. Easements shall not be granted within easements dedicated or
offered for dedication to the County of Los Angeles, the City
or any public utility, until after the final map is filed and
recorded with the County Recorder. No easements shall be
granted after recording of the final map that in any way
conflict with a prior easement dedicated to the County, the
City or any public utility. If any easements are granted
before recordation of the final map, the holder of said
easement shall execute a quit claim deed in favor of the
County, the City or any public utility.
UTILITIES
31 . All utilities to and on the lots shall be provided
underground, including cable television, telephone,
electrical , gas and water. All necessary permits shall be
obtained for their installation. Cable television shall
connect to the nearest trunk line at developer ' s expense.
SOLAR
32 . The developer shall install , to the satisfaction of the
Director of Environmental Services, a plumbing system in each
dwelling unit that will allow the utilization of solar energy
as part of a hybrid system for providing domestic hot water.
Solar panels, if and when installed, shall not exceed the
ridgeline of the structure upon which they are placed. Any
proposed solar installation shall be reviewed by the Director
of Environmental Services.
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TPM No. 19021 , Co tions of Approval
December 8, 1987
LANDSCAPING
33-. A landscape and irrigation plan shall be approved by the
Director of Environmental Services prior to approval of the
final map. Said plan shall utilize a majority of mature
specimen trees. Bonds ad agreements shall be submitted for
any landscape improvements. Any and all retaining and
freestanding wall designs (including but not limited to:
height, materials and alignment) shall be included in the
landscape plans for review and approval .
PARK DEDICATION
34. . Prior of the approval of the final map a parkland dedication
fee in the amount of $20,070.00 shall he paid to the City of
Rancho Palos Verdes.
CC & R' s
35 . Prior to approval of the final map, copies of covenants,
conditions and restrictions (CC & R' s) shall be submitted to
the Planning Commission and City Attorney for approval. Said
CC & R' s shall reflect standards provided in Chapter 17.14
(Homeowners Association) of the Development Code and include
those items identified within this resolution.
36 . All necessary legal agreements and documents, including
homeowners association, deed restrictions, covenants,
dedication of development rights, easements, and proposed
methods of maintenance and perpetuation of open space areas
shall be submitted and approved by the City Attorney and the
Planning Commission prior to approval of the final map. Said
CC & R' s shall include but not be limited to the following
provisions:
a. Maintenance of any commonly owned areas shall be insured
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 and
use restrictions.
c. Membership in the homeowners association shall be
inseparable from ownership in the individual lots.
d. All structures must conform to the City approved building
plans and maximum grade elevations as shown on the grading
plan.
e. All landscaping (including parkway trees) shall be
maintained so that no trees or group of trees
significantly obstructs views from adjacent properties.
Further, no landscaping or accessory structure shall block
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TPM No. 19021 , Co tions of Approval 411
December 8, 1987
or significantly obstruct solar access to any lot.
f. Satisfaction of all provisions required by Section 17.14
of the City' s Development Code.
g. All future structure, improvements, and/or landscaping in
the common areas shall be subject to review by the
Directors of Environmental Services and Public Works.
The HOA shall be responsible for all maintenance costs of
said common areas.
37 . Following recordation of the CC & R' s, the applicant shall
submit a recorded copy of the document to the Director of
Environmental Services.
COMMON OPEN SPACE
38 . 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, street signs, and other site
features as per approved plans.
39 . Ownership and continual maintenance of the common areas and
facilities shall be vested in a Homeowners Association, made
up of owners of the residential units membership in the
Homeowners Association shall be inseparable from ownership in
the individual residential units. A note to this effect shall
be placed on the map.
40 . Dedicate to the City the right to prohibit construction of
residential structures within commonly owned lots, except
that additional common facilities may be permitted subject to
approval of a Conditional Use Permit from the City.
NUMBER OF DWELLING UNITS
41 . No more than 3 dwelling units shall be permitted.
CONSTRUCTION HOURS
42 . Construction activity shall be limited to daytime working
hours (7 a.m. to 7 p.m. ) on weekdays.
FIRE LANE
43 . The private drive shall be designated and signed for "no
parking/fire lane", except in the approved parking location.
Said sign (s) shall be reviewed by the Director of Planning.
ARCHITECTURAL CONTROLS
44 . All structures shall substantially conform to the
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TPM No. 19021, Conditions of Approval
December 8, 1987
architectural treatment as approved by the Planning
Commission.
45. 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 C.C. & R' s.
LIGHTING
46 . A lighting plan shall be submitted to the Director of
Planning for approval and that there be no off-site
illumination of any light source.
47 . Shielding on all fixtures is required. The applicant shall
comply with a lighting plan showing final location of all
fixtures and a diagram delineating foot candle output a
distance of fifty (50) feet from each fixture.
48 . The Director of Planning shall be notified within two (2)
weeks of installation of lights for inspection purposes. Said
inspection shall include a determination as to whether any
direct or off-site illumination exists.
GARAGE DOOR OPENER
49 . All units shall be required to have and maintain in proper
working order an electronic garage door opener for each
garage door.
ZONING
50 . Floor plans for the project shall be reviewed for zoning
conformance by the Director of Environmental Services prior
to issuance of building permits.
51. The development shall comply with Chapter 17.08, Attached
Unit Development Standards.
52 . Final building and site plans, including elevations, private
outdoor living area, solar panels, and lighting shall be
submitted to the Director of 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.
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