PC RES 1989-052 111 411
P.C. RESOLUTION NO. 89 -52
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING A SECOND REVISION
TO CONDITIONAL USE PERMIT NO. 79 FOR TENTATIVE
TRACT NO. 37885.
WHEREAS, J. M. Peters Company has requested a second revision
to Condition Use Permit No. 79 which would alter the approved
street and lot configuration and establish specific development
standards for said Residential Planned Development and would
reduce the number of residential lots within said development from
45 to 42 and create 4 open space lots; and
WHEREAS, after notice issued pursuant to the City' s
Development Code, a public hearing was held on August 22 and
September 12, 1989, 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 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 163 + acre site located at the western
terminus of Forrestal , east of Klondike Canyon, is adequate in
size and configuration to allow for forty-two ( 42) single-family
dwelling units and 4 open space lots under an RPD concept and for
open space requirements, private outdoor living area, landscaping,
and other features required by the Development Code or by
conditions imposed by this permit.
Section 3 : That the proposed revisions to the RPD is not
contrary to the General Plan since conformance has been insured by
site design and landscaping requirements, which are included as
conditions of approval to this permit.
Section 4: That the primary point of ingress/egress is
Forrestal Drive which will be improved and designed to carry both
the type and quantity of traffic generated.
Section 5 : That the proposed revision to the street and lot
configuration improves the circulation on the site, provides for
uniform building pads and establishes development guidelines.
Section 6: 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
111 411
or otherwise constitute a menace to the public health, safety, and
welfare of persons in the surrounding area.
Section 7 : That substantial evidence has been presented that
the project will not have a significant effect on the environment
since there will be no increase in impacts resulting from the
proposed revisions.
Section 8: That the trail dedications are reasonably related
to the burden placed upon the community by the development since
the trail network will provide scenic and passive recreational
opportunities to the public.
Section 9: For the foregoing reasons, the Planning
Commission of the City of Rancho Palos Verdes hereby approves the
second revision to Conditional Use Permit No. 79 for the use
described herein, subject to the conditions contained in Exhibit
"A" attached hereto, which are necessary to protect the public
health, safety, and general welfare in the area.
PASSED, APPROVED and ADOPTED this 12th day of
September, 1989.
(e'el#44
Luella L. Wike
Chairperson
Robert Benard, Director of
1:-5.:12-( Environmental Services and
Secretary to the Commission
P.C. Resolution No. 89-52
Page 2
EXHIBIT "A"
Conditional Use Permit No. 79 -Revision
The Planning Commission hereby requires that the following
conditions of approval apply to the revision of Conditional Use
Permit No. 79.
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval, the developer shall
submit, in writing, a statement that he has read and
understands the conditions contained in this exhibit.
2. All the conditions of approval for Tract 37885 second
revision shall apply to this approval.
B. SITE PLAN APPROVAL
1. A tract site plan shall be submitted to the Director of
Environmental Services for review and approval,
identifying building footprints and maximum ridgeline
elevations for each residential lot within ninety (90)
days of approval of this permit.
2. A multiple use trails plans shall be submitted to the
Trails Committee for review and comment and to the
Director of Environmental Services for approval of
specific trail alignments and trail standards within
ninety (90) days of approval of this permit. The
submitted plan shall include, but is not limited to, the
easement and tread width, average and maximum slope and
construction materials.
3. All residential development shall conform to the
specific standards contained in this permit or, if not
addressed herein, the RS -1 development standards of the
Development Code.
4. The developer shall participate in, and pay any fee
required by, any art in public places program adopted on
or before May 2, 1990 by the City Council.
C. PERMIT EXPIRATION
1. This permit shall expire within twenty-four (24) months
from this date unless the Final Map is recorded or
extended pursuant to the Tentative Map approval.
D. NUMBER OF DWELLING UNITS AND OPEN SPACE LOTS
1. No more than 42 dwelling units shall be permitted.
P.C. Resolution No. 89-52
Page 3
E.
F.
G.
2. The number of open space lots may be modified by adding
and/or adjusting the boundary lines subject to the
approval of the Director of Environmental Services with
the condition that a minimum of 30% of the acreage remain
as lots contiguous to the 41 lots at the end of
Forrestal Drive.
CONSTRUCTION "PLAN"
1. A construction plan shall be submitted to the Director
of Environmental Services prior to any building permits
being issued. Said plan shall include but not be
limited to: a phasing plan, estimated length of time
for construction, location of construction trailer,
construction signs, and equipment storage area and
location and type of temporary utilities.
2.
3.
The hours of operation for construction shall be limited
from Monday to Friday, 7:00 a.m. to 7:00 p.m. and
Saturday 7:00 a.m. to 5:00 p.m.
Noncompliance with the above construction restrictions
shall be grounds to stop work immediately on the
property.
COMPLETION DEADLINE
1. If construction has not been completed to the point of
foundation inspection for twenty percent of the units
within two (2) years from the date of recordation of the
Final Tract Map, the Conditional Use Permit shall expire
and be of no further effect, unless, prior to
expiration, a written request for extension is filed
with the Department of Environmental Services and
granted by the Planning Commission. Otherwise, a new
Conditional Use Permit must be approved prior to further
development.
COMPLETION PER APPROVED PLANS
1. No occupancy permit shall be granted for any structure
nor shall any parcels, lots or portion of the site be
sold or encumbered (close of escrow), until approval by
the Director of Environmental Services upon the finding
that all of the common area and off-site improvements in
the workable phase of which such structure, parcel, lot
or potion is part, are completed to the extend that the
dwelling units are accessible and all dwelling units in
the workable phase are substantially developed (all
building walls wrapped), as per the approved plans. All
lots in a workable phase shall be developed
concurrently.
P.C. Resolution No. 89-52
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2. The developer shall designate appropriate workable
phases (portions of the development to include adjoining
clusters of dwelling units, their streets of access and
supportive off-site improvements), and they shall be
approved by the Director of Environmental Services and
Public Works Director.
3. Any phase not under construction shall be completely
irrigated and landscaped.
4. A bond, cash deposit, letter of credit or other City
approved security to guarantee substantial completion of
all dwelling units, may be accepted by the City in lieu
of substantial completion.
H. CC&R'S
1. Prior to approval of the final map, copies of Covenants,
Conditions and Restrictions (CC&R's) shall be submitted
to the Director of Environmental Services and City
Attorney for approval. Said CC&R's shall reflect
standards provided in Chapter 17.14 (Homeowners
Association) of the Development Code, including those
items identified in Conditional Use Permit No. 79
Revision and any applicable conditions of Tentative
Tract Map No. 37885 Revision.
2. Lot 42, located at the end of Coolheights Drive, shall
be excluded from membership in the Homeowners'
Association and the responsibilities thereof. A note
to this effect shall be included on the Final Map and
in the CC&R's. The developer shall petition the
Mediterranean Homeowners Association for inclusion of
Lot 42 into their association.
3. All necessary legal agreements and documents, including
Homeowners Association, deed restrictions, covenants,
dedication of development rights, public easements, and
proposed method of maintenance and perpetuation of open
spaced areas and common landscape easements, shall be
submitted and approved by the City Attorney and the
Director of Environmental Services prior to approval of
the final map. Said CC&R's shall include but not be
limited to the following provisions:
a. The commonly owned open space areas, including
drainage swales, shall be preserved and maintained
through the establishment of a Homeowners
Association.
b. Slopes between lots shall not exceed 2:1.
c. Maintenance fees for said areas cannot be reduced
P.C. Resolution No. 89-52
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without written approval of the City.
d. Identification of all materials which affect
structure appearance and use restrictions, including
but not limited to roof materials, exterior
finishes, walls/fences, and lighting.
e. Membership in the Homeowners Association shall be
inseparable from ownership in the individual lots,
except for Lot 42 as noted in Condition H2.
f. All structures must conform to City approved
building plans.
g. All common area landscaping (including parkway
trees) shall be maintained so that no trees or group
of trees obstructs views from adjacent properties
within or outside of the development consistent with
City Council policy regarding street trees. Further,
no landscaping or accessory structure shall block or
significantly obstruct solar access to any lot.
h. All provisions required by Section 17.14 of the
City's Development Code.
i. All future structures, improvements, and/or
landscaping shall be subject to review by the
Director of Environmental Services.
j. Identify the presence of all public trail easements
for multi-purpose use. The CC&R's shall also pro-
hibit structures, accessory structures, fences,
walls, hedges, landscaping of any other such
obstacle within said easements without the written
approval form the City Council of the City of Rancho
Palos Verdes.
k. Ownership (except for any public trails) of the
common open space areas and facilities shall be
vested in a Homeowners Association, made up of
owners of the residential units. All trails,
landscaping and related maintenance within the
tract, shall be maintained by the Homeowners
Association through the establishment of an
assessment district. A note to this effect shall be
placed on the map.
1. 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.
m. Exterior residential lighting should be limited to
the standards of Section 17.54.030 of the Develop-
P.C. Resolution No. 89-52
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ment Code.
n. Lot coverage, setback, height and private open space
requirements.
o. Requirements for solar installations shall conform
to the standards of Section 17.40 and 17.57 of the
Development Code.
P* Include a statement that lights may be installed on
the playing fields at the Portuguese Bend Fields at
some time in the future.
3. Following recordation of the CC&R's, the applicant shall
submit a recorded copy of the document to the Director of
Environmental Services.
I. COMMON OPEN SPACE BONDS
1. Prior to recordation of the Final Map or commencement of
work, a bond, or other City approved security, shall be
posted to ensure the completion of all common area
improvements including: landscaping, irrigation, public
trails and other site features as per approved plans.
J. GRADING
1. Prior to approval of the Final Map, the developer shall
submit a grading permit for the development of the tract
(including but not limited to grading for streets, lots
and trails) and to remove any geologic hazard on the
property as determined by the City Geologist.
2. The grading quantities specified in the grading permit
for the development of the streets and lots shah be in
substantial compliance with he cut and fill quantities
presented to the Planning Commission as part of the
revision request.
3. All created slopes within the tract shall not exceed 2:1,
with the exception of Lot 42 where all created slopes
shall not exceed 3:1.
4. All natural and created slopes greater than 3:1 shall be
designated as restricted use areas on the Final Map.
5. The following retaining walls may be installed on Lots 1
through 41:
a. A maximum of one (1) upslope retaining wall in the
rear yard not to exceed five (5) in exposed height.
b. A maximum of one (1) retaining wall in each side yard
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not to exceed three ( 3 ) feet six (6) inches in
exposed height.
c. Any other retaining walls shall be subject to the
review and approval of the Director of Environmental
Services.
6. All retaining walls on Lot 42 shall comply with Code
requirements.
7 . Any retaining wall along the north side of Forrestal
Drive shall be subject to the review and approval of the
Director of Public Works.
K. PRIVATE LOT OPEN SPACE
1. Each residential lot shall provide not less than four
hundred (400) square feet of private, on-site open space
per each bedroom.
L. SETBACKS
1. All structures on an individual lot shall meet the
following setback requirements:
Property Line Setback
*Front. . . . . . . . . . . . . . . .20' minimum setback to the
residence
20' minimum setback to a direct
access garage
15' minimum setback to an indirect
access garage
* A minimum of 1/3 of the residences shall have a varied
front setback between 15' and 25' , with an average no
less than 20' . These residences shall be distributed
throughout the tract.
Side. . . . . . . . . . . . . . . . . 5 ' minimum on one side
15' minimum total for both sides
15 ' minimum between two adjacent
residences
Rear. • • • • • • • • • • . . . . . .20' minimum setback to residence
M. BUILDING FACADES
1. The front and rear building planes shall be articulated
in order to avoid a solid, two story facade. The second
story shall be at least 20% smaller than the first story.
The second story open space may only be used as a roof
area.
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N. LOT COVERAGE
1 . Primary building lot coverage which consists of driveway,
garage, main building structures and attached accessory
structures shall not exceed 35% of the lot area. Any
concrete patio slabs or landings and detached accessory
structures, such as pools, decks, patios or gazebos
shall not exceed an additional 15% of the lot area.
O. BUILDING HEIGHT
1 . Lots 1-41 shall be limited to a maximum of 30 feet in
height measured from the lowest grade adjacent to the
residence to the highest ridgeline as approved through
this CUP approval .
2. Lot 42 shall be limited to 16 feet in height, unless the
Director of Environmental Services grants a Height
Variation pursuant to Development Code Section 17.02 .040
effective on the date the application is submitted.
P. LANDSCAPING
1. The developer shall submit a final landscape plan prior
to issuance of building permits which shall include the
following:
a. Drought tolerant plant material as an integral part
of the plan.
b. The re-seeding and re-establishment of native plant
species for all of the disturbed common open space
areas.
c. Dense, fire retardant landscaping with irrigation
within fifty ( 5 0) feet of the west side property line
of Lot 1 and from the rear property lines of Lots 15-
29. Such landscaping in this area shall be
maintained by the Homeowners Association.
d. Other private rear yard or side yard transitional
slopes, shall be landscaped and irrigation installed
by the developer. Maintenance responsibility of
these other sloped areas shall be that of the private
homeowner.
e. The landscaped entries shall meet the intersection
visibility triangle standards under Section 17.42.060
of the Development Code.
f. Proposed parkway trees shall be of a small canopy
type.
g. A City landscape covenant to maintain property to
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protect views shall be recorded for each private lot
prior to final building inspection of the residence.
Q. ARCHITECTURAL CONTROLS
1. Prior to approval of any building plans, the developer
shall submit to the Director of Environmental Services
for approval a list of architectural elements which shall
include but not be limited to roof materials, exterior
finishes, walls/fences, lighting and landscaping.
2. There shall be no standard repetition or discernable
pattern in the placement of the models on the lots or in
the use of exterior architectural facades.
3. Roofing materials shall be Class A and non-combustible.
R. SOLAR SYSTEM
1. The developer shall install in each dwelling unit a
plumbing and circulating system that will allow future
utilization of solar energy as part of the hybrid system
for providing hot water. Future solar panels shall not
exceed the ridgeline of the structure upon which they are
placed.
2. The proposed solar installation shall be reviewed by the
Director of Environmental Services and for consistency
with the provisions of the Development Code.
S. FENCING
1. A complete project fencing plan (including public trails)
shall be approved by the Director of Environmental
Services prior to issuance of building permits. It shall
be the responsibility of the developer to install this
fencing prior to issuance of Certificates of Occupancy
for each workable phase. Such fencing plan shall include
sideyard and rear yard fencing on all lots.
T. LIGHTING
1. Downcast, sodium vapor (or equivalent) streetlights shall
be installed by the developer at street intersections and
at a maximum of two locations along Forrestal Drive
within the Tract. Said streetlight standards shall be
shown on the required landscape/irrigation plans and
shall be subject to review and approval by the Public
Works Director and Southern California Edison Company.
All maintenance costs of said streetlights shall be borne
by the Homeowners' Association. This responsibility
shall be dully recorded in the CC&R's.
P.C. Resolution No. 89-52
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LI
•
2. A typical residential unit lighting plan shall be
submitted to the Director of Environmental Services for
review and approval prior to issuance of building permits
and there shall be no direct off-site illumination from
any light source.
3. Exterior lighting wattage shall be consistent with
Section 17.54.030 of the Development Code.
U. GARAGE DOOR OPENER
1. All units shall be required to have and maintain in
proper working order an electronic garage door opener for
each garage door.
V. UTILITIES
All utilities shall be placed underground in accordance with
a plan approved by the Director of Environmental Services.
Utilities to be underground include, but are not limited to
electrical, telephone, and Cable TV. The Cable TV
distribution system shall be connected to the nearest trunk
and cable drops are to be supplied from the street to the
house. Houses shall be prewired for cable and the cable
system shall be activated. Equipment to be installed shall
meet specification of cable franchisee(s).
P.C. Resolution No. 89-52
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