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CC RES 1996-090RESOLUTION N0. 96 -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL CONDITIONAL USE PERMIT NO. 151 - REVISION "A" TO MODIFY THE CONDITIONS OF APPROVAL FOR A 63 LOT RESIDENTIAL PLANNED DEVELOPMENT (RPD) LOCATED AT THE SOUTHWEST CORNER OF CREST ROAD AND HIGHRIDGE ROAD WHEREAS, on October 15, 1991, the City Council of the City of Rancho Palos Verdes adopted Resolution No. 91 -73 certifying Environmental Impact Report No. 32, in connection with Tentative Tract Map No. 46651, Conditional Use Permit No. 151 and Grading Permit No. 1389 for a 63 lot Residential Planned Development on a 59 acre vacant parcel located at the southwest corner of Crest Road and Highridge Road; and, WHEREAS, on August 27, 1996, the Planning Commission held a public hearing to consider Conditional Use Permit No. 151 - Revision "A ", in conjunction with Tentative Tract Map No. 46651 - Amendment No. 1, and adopted P.C. Resolution No. 96 -33, approving the Conditional Use Permit Revision; and, WHEREAS, on September 9, 1996, the landowner, Kajima Development Corporation, submitted an appeal with the required fee within the fifteen (15) day appeal period following the Planning Commission's action, with regards to the Planning Commission's denial of the landowner's request to install an access gate at the entrance to the tract; and, WHEREAS, on October 1, 1996, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council held a public hearing to consider the Appeal of Conditional Use Permit No. 151 - Revision "A ", in conjunction with an Addendum No. 1 to Environmental Impact Report No. 32 and Tentative Tract Map No. 46651 - Amendment No. 1, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, prior to taking action on the proposed amendments and revisions to the approved single family residential project, the City Council considered the information and findings contained in Addendum No. 1 to EIR No. 32, and determined that the document was prepared in compliance with the requirements of the California Environmental Quality Act and local guidelines, with respect thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That, in denying the landowner's request to have an access gate at the entrance to the tract, the goals and policies of the General Plan were intended to encourage an open community, where the amenities required to be part of the development can be enjoyed by all of the citizens, and not just a select group that live within a gated, private community. If the entrance to the tract was allowed to be gated, the residents would be physically isolated from the rest of the community. In addition, an entrance gate, and the resulting lack of access to parking on the streets within the tract, would discourage the public from using the public trails that run through the site. Finally, there is little evidence to suggest that there is a serious crime problem on the Peninsula, and an entry gate would do very little to improve safety. Section 2: That the removal of the Conditions of Approval regarding the potential traffic signal on Crest Road would not affect traffic and circulation since a conditions regarding this traffic signal bond would still be included in the conditions of approval for Tentative Tract Map No. 46651 - Amendment No. 1 Section 3: That the removal of conditions of approval relating to the off -site debris basin would not affect drainage, since the project would still be required to provide an on- site detention basin, as well as specific funding for the City to pursue the off -site drainage facility as a separate project. Section 4: That the other minor amendments to the Conditions of Approval for Conditional Use Permit No. 151 - Revision "A" would not result in a material change to the project, since these changes will not alter the overall effectiveness of the Conditions of Approval, and will act, instead, to incorporate changes that have taken place since the project was first approved or further clarify the intent and purpose of these Conditions. Section 5: The time within which judicial review of the decision reflected in this Resolution must be sought, if available, is governed by Section 1094.6 of the California Code of Civil Procedure. Section 6: For the foregoing reasons and based on the information and findings contained in the Staff Report, minutes, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby denies the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 151 - Revision "A" for an 63 lot Residential Planned Development on a 59 acre vacant parcel located at the southwest corner of Crest Road and Highridge Road, subject to the revised Conditions of Approval contained in Exhibit "A" attached hereto and made a part thereof, which are necessary to protect the public health, safety and welfare. Resolution No. 96 -90 Page 2 of 3 PASSED, APPROVED, and ADOPTED this 1 st day of October 1996. �MAYQ4 ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 96 -90 was duly and regularly passed and adopted by the said City Council at a regular meeting held on October 1, 1996. ZL Jo Purcept City Clerk City of R cho Palos Verdes M:\ USERS\ CAROLYNN \WPWIN60\KAJIMA\KAJCUPRV.CC EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 151 - REVISION "A" AND GRADING NO. 1389 (TENTATIVE TRACT MAP NO. 46651) DEVELOPMENT OF TRACT A. DEVELOPER AGREEMENT 1. Within thirty (30) days of approval, the developer shall submit, in writing, a statement that they have read, understand, and accept all of the conditions of approval contained in this exhibit. 2. Approval of this Conditional Use Permit and Grading Permit is subject to the approval of Tentative Tract Map No. 46651 and certification of Environmental Impact Report No. 32 by the City Council without substantial changes or modifications hereto, including offers of dedication of land and easements, and tract development improvements. 3. The developer shall participate in a proportionate share of any City Housing Element program that is in place at the time that finish tract grading is certified. The determination of the developer's fair share shall be determined by the appropriate individual or entity, in accordance with such housing program and with appropriate appeal rights. 4. In compliance with Fish and Game Code Section 711.4, the developer shall submit to the City a cashier's check payable to the Los Angeles County Clerk in the amount of $850.00 for a filing fee, and a cashier's check in the amount of $25.00 for documentary handling fee within 48 hours of City approval of this permit. The developer shall also pay any fine imposed by the Department of Fish and Game, if required. B. PROJECT DESIGN REVIEW 1. Prior to issuance of grading permits, a tract site plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval, identifying the location of all lots, streets, and other tract improvements including drainage structures and features, building pad areas and elevations, and utility easements, as depicted on the Tentative Tract Map No. 46651 and dated September 24, 1991. 2. All residential development shall conform to the specific standards contained in this permit or, if not addressed herein, the R -1 development standards of the Development Code for setbacks and lot coverage. 3. Any significant changes in the development characteristics of the project, including but not limited to construction of tract residential structures by the developer, shall require that an application for a major revision to the conditional use permit be filed. The scope of the review shall be limited to the request for modification and any items reasonably related to the request and shall be subject to approval by the Planning Commission. Before such changes are made, the Director of Planning, Building and Code Enforcement shall report to the Planning Commission a determination of significance. C. PERMIT EXPIRATION AND COMPLETION DEADLINE 1. If finish grading and construction of streets and utilities have not been completed and offered for final inspection 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 pursuant to Section 17.56.080 of the City's Development Code is filed with the Department of Planning, Building and Code Enforcement and is granted by the Planning Commission. Otherwise, a new Conditional Use Permit must be approved prior to further development. D. NUMBER F DWELLING UNIT S 1. No more than sixty -three (63) dwelling units shall be permitted. E. CONSTRUCTION "PLAN" 1. Prior to issuance of grading permits, a construction plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval. Said plan shall include but not be limited to: a phasing plan, limits of grading, estimated length of time for rough grading and improvements, location of construction trailer, construction signs, and equipment storage area and location and type of temporary utilities. 2. The use of a rock crusher on the site is prohibited. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 2 of 18 3. The hours of operation for construction and grading ctivities shall be g 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. No work on -site work on equipment or vehicles shall be permitted before or after the hours indicated. No truck queuing shall occur before 7:00 a.m.; flagmen shall be used during all construction activities as required by the Director of Public Works. 4. Prior to issuance of grading permits and /or building permits, plan and gp a a p program to control and prevent dust and windblown earth problems shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval. Methods may include but shall not be limited to on -site watering and vegetative planting. 5. Noncompliance with the above construction and /or radin restrictions 9 9 shall be grounds to stop work immediately on the property. F. COMPLETION PER APPROVED PLANS 1. The developer shall designate appropriate workable (portions hases of p the development to include adjoining clusters of lots, their streets of access, supportive off -site improvements, finish gadin phases, and g detention basin and other drainage improvements), and they shall be approved by the Director of Planning, Building and Code Enforcement and the Director of Public Works. 2. No lot shall be sold or transferred or building permits issued for an structure prior to finish grading within the workable phase of the site in which the lot is located and until the Director of Planning, Buildin g and Code Enforcement has determined that all drainage facilities and common area and off -site improvements in the workable phase of the site as . p depicted in the approved construction plan in which the lot or structure is located are completed to the extent that the lot or structure is accessible and able to support development. 3. All lots shall be rough graded concurrently in accordance with the approved grading plans and mitigation measures specified in Environmental Impact Report No. 32. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 3 of 18 4. Any phase not under construction ,which has been scarified through grading operations shall be irrigated and landscaped. Temporary irrigation lines may be determined acceptable by the Director of Planning, Building and Code Enforcement. 5. A bond, cash deposit, letter of credit or other City approved security to guarantee substantial vegetative cover and maintenance of all lots which have not been sold for development shall be provided by the developer. G. 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, detention basin, drainage facilities, and other site features as per approved plans. 2. A minimum of forty-two (42) percent of the acreage of the project site shall remain as a common open space. H. &R' 1. Prior to approval of the final map, copies of Covenants, Conditions and Restrictions (CC &R's) shall be submitted to the Director of Planning, Building and Code Enforcement and City Attorney for review and approval. Said CC &R's shall reflect standards provided in Chapter 17.14 (Homeowners Association) of the Development Code, including those items identified herein, and any applicable conditions of Tentative Tract Map No. 46651. 2. 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 space areas, common landscape easements, detention basin (if required), drainage facilities, and any other hydrological improvements shall be submitted and approved by the City Attorney and the Director of Planning, Building and Code Enforcement prior to approval of the final map. Said CC &R's shall include but not be limited to the following provisions: Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 4 of 18 a. The commonly owned open space areas, including all landscaping, and all on -site drainage improvements shall be preserved and maintained through the establishment of a Homeowners Association. b. Maintenance fees for commonly owned open space areas cannot be reduced without written approval of the City. Y C. Identification of all materials which affect structure appearance and use restrictions, including but not limited to architectural controls, structure and roof materials, exterior finishes, walls /fences, exterior lighting, and Standards of Development of Individual Lots as contained in subsections M -V of this document (Grading, Development Plans for Construction of Individual Residences, Private Lot Open Space, Setbacks, Minimum Open Space Requirements of Individual Residences, Building Facades and Rooflines, Heights, Solar System, Lighting, and Appliances). A manual containing this information shall provided by the developer and /or Homeowner's Association to each individual landowner upon purchase of any lot or residence. d. Membership in the Homeowners Association shall be inseparable from ownership in the individual lots. e. All structures must conform to City approved building plans. f. All landscaping (including parkway trees) shall be maintained so that no trees or group of trees obstructs views from the public right -of -way or adjacent properties consistent with City Council policy regarding street trees. Further, no landscaping or accessory structure shall block or significantly obstruct solar access to any lot. g. All provisions required by the Homeowners' Association or Similar Organization of the Section 17.14 of the City's Development Code. h. All future structures, improvements, and /or landscaping shall be subject to review by the Director of Planning, Building and Code Enforcement. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 5 of 18 i. Identify the presence of all public trail easements for pedestrian and equestrian use. The CC &R's shall also prohibit structures, accessory structures, fences, walls, hedges, landscaping of any other such obstacle within said easements without the written approval from the City Council of the City of Rancho Palos Verdes. j. Ownership and continual maintenance of the common open space areas (except for any public trails) and all on -site drainage facilities shall be vested in a Homeowner's Association, made up of owners of the residential units. A note to this effect shall be placed on the map. k. Dedicate to the City the right to prohibit construction of residential structures within commonly owned lots, landscape easements, and slopes greater than 3:1 gradient, except that additional common facilities may be permitted subject to approval of a Conditional Use Permit from the City. I. Exterior residential lighting shall be limited to the standards of the Environmental Protection Section 17.54 of the Development Code. m. Lot coverage, setback, height and private open space requirements for each residential structure as detailed in these Conditions of Approval. n. Requirements for solar installations shall conform to the development Standards of Section 17.40 and Extreme Slope restrictions of Section 17.57 of the Development Code. 3. Within thirty (30) days - following recordation of the CC &R's, the applicant shall submit a recorded copy of the document to the Director of Planning, Building and Code Enforcement. I. TRAFFIC /CIRCULATION 2. All final traffic improvements shall be at the direction of the Director of Public Works. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 6 of 18 J. GRADING 1. Prior to recordation of the final a map, final radin Ian s p g g p hall be approved by the Director of Public Works and City Geologist. This 9 grading plan shall be based on a detailed engineering, geology and /or g g� g gY soils engineering report and shall specifically pp be approved b the Y geologist and /or soils engineer and show all recommendations submitted by them. It shall also be consistent with the tentative ma and conditions p nditions as approved by the City. 2. Prior to recordation of the final map, the project geologist will review and approve the final grading plans and specifications by g manual signature. 3. All geologic hazards associated with this proposed development . p p pment shall be eliminated or the City Geologist shall designate a restricted use are . g a on the final map in which the erection of buildings or other structures shall hall be prohibited. 4. Except for small isolated areas located to the west of Lot 28 to the south of Lots 2, 3, and 4, and areas adjacent to Crest Road tract grading o slopes g n pes equal to or greater than thirty -five (35) percent is p rohibited. 5. All graded slopes shall be "landform" raded so as to closely ely reflect naturally occurring topographic contours. Slope gradients shall be natural p e g and no abrupt changes between natural and raded slopes will be permitted. g p 6. All created slopes within the tract, including ide and transitional g y slopes, shall - not exceed 2:1, with the exception of the rear of slopes on Lots 5 p 2 59 which shall not exceed 3:1, and transitional slopes under the building g footprint on Lots 2 -12 which shall not exceed 1-1/2:1. 7. All natural and created slopes reater than 3:1 shall be designated signated as Restricted Use Areas on the Final Map. 8. All proposed retaining walls to be constructed shall be subject to review by the Director of Planning, Building and Code Enforcement with subsequent reporting to the Planning Commission if required, for review and approval pursuant to Section 17.50 of the Rancho Palos Verdes Development Code. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 7 of 18 9. No grading, except for construction of the approved lots, drainage facilities and improvements, trails, and any improvements required by the City Geologist shall be permitted in common open space Lot B. 10. All grading shall be balanced on -site. However, should earth, rock or other material be required to be hauled from the project site, a revision to the grading permit, pursuant to Section 17.50 of the Development Code shall be obtained. 11. A note shall be placed on the approved grading plan that requires the Director of Planning, Building and Code Enforcement approval of rough grading prior to final clearance. The Director (or a designated staff member) shall inspect the graded sites for accuracy of pad elevations, created slope gradients, and pad size. The developer or their designee shall provide certification for all grading related matters. 12. Prior to issuance of grading permits and or recordation of the final map, written approval must be obtained from the owners of properties within the City for which off -site grading for trails is proposed or may result. 13. All of the recommendations made by the Director of Public Works and the City Geologist during their on -going review of the project shall be incorporated into the approved grading plans. 14. Prior to issuance of grading permits, a bond, cash deposit, or combination thereof, shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the Director of Public Works. 15. Prior to issuance of building permits, an independent Geology and /or Soils Engineer's report on the expansive properties of soils on all building sites shall be submitted to and approved by the City Geologist in conformance with accepted City practice. Such soils are defined by Building Code Section 2904 (b). 16. An as -built geological report shall be submitted for structures founded on bed rock. An as -built soils and compaction report shall be submitted for structures founded on fill as well as for all engineered fill areas. 17. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls ", and Chapter 70, "Excavation and Grading of the Uniform Building Code ". Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 8 of 18 18. An as- graded soils and geologic report, complete with geologic map, will be submitted and reviewed prior to issuance of a building permit. 19. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907 -i. 20. All grading shall be monitored by a licensed engineering geologist and /or g gg g soils engineer in accordance with applicable provisions of the Municipal Code and the recommendations of the Director of Public Works. 21. Unless otherwise provided in these conditions of a pp roval or permitted by the Director of Planning, Building and Code Enforcement the project shall � p 1 comply with all appropriate provisions of the City's gradin g ordinance (Chapter 17.50 Grading). 22. Grading activity on the site shall occur in accordance with all applicable pp icable City safety standards. 23. Graded slopes shall be properly planted within 90 days of grading and g g maintained. Plants shall be selected that are drought tolerant capable of g � p developing deep root systems and shall generally consist of low g round cover to impede water flow on the surface. Watering for establishment of said plant material shall be done on cycles that will promote deep rooting. . g Watering shall be diminished or stopped just prior to and during he rainy Y season or upon establishment of the plant material, whichever comes first. To provide greater slope protection against scour p e p g our and erosion, all graded slopes shall be covered with a. jute mat to provide protection while the ground cover is being established. If appropriate, the Director of Planning, Building and Code Enforcement may approve an alternative pp material or method to control erosion. 24. One upslope retaining wall not to exceed 3'0" shall be p ermitted at the base of the 31 foot landscape easement located at the rear of Lots 43 -45 and along the northern side property ine of Lot 18. No other retaining g walls shall be permitted within the landscape easements described in Condition K12 of Resolution No. 96 -89. 25. Prior to the issuance of grading permits, or p rior to recordation of a Final Tract Map, whichever occurs first, the developer shall submit an Storm Water Pollution Prevention Plan. The Storm Water Pollution Plan shall be reviewed and approved by the Planning Commission. The Storm Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 9 of 18 Water Pollution Prevention .Plan shall incorporate by detail or reference appropriate post - construction Best Management Practices (BMPs) to: a. Implement, to the maximum extent practicable, requirements established by appropriate governmental agencies under CEQA, Section 404 of the Clean Water Act, local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies; b. Maximize to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground; c. Minimize, to the maximum extent practicable, the amount of storm water directed to impermeable areas; d. Minimize, to the maximum extent practicable, parking lot pollution through the use of appropriate BMPs, such as retention, infiltration and good housekeeping. e. Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil; and, f. Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable. Further, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction. These practices should: a. Include erosion and sediment control practices; b. Address multiple construction activity related pollutants; c. Focus on BMPs such as source minimization, education, good housekeeping, good waste management, and good site planning; Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 10 of 18 d. Target construction areas and activities with the potential to generate significant pollutant loads; e. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity; f. Require, to the maximum extent practicable, management of excavated soil on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining properties; g. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site; h. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at t construction sites, unless treated to remove sediments and pollutants. K. LANDSCAPING FOR ALL COMMON AREAS 1. Prior to issuance of grading permits, the developer shall submit a final landscape and irrigation plan to the Director of Planning, Building and Code Enforcement for review and approval of all common and open space areas and for public trails. Landscape and irrigation plans shall include the following: a. A minimum of eighty percent (80 %) drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right -of -way are not affected and so that solar access to all dwelling units is protected. C. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height. Proposed parkway trees shall be of a small canopy type. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 11 of 18 d. The reseeding and re- establishment of natural plant species for all of the disturbed common open space areas. e. Landscaping and irrigation plans for all rough graded surfaces on individual lots which have been scarified through grading operations. f. The landscaped entries and buffer zones shall meet the standards for Intersection Visibility (Section 17.42.060) as identified in the Development Code. g. Irrigation systems shall utilize drip and bubbler systems wherever possible. Controlled spray systems may be used where drip or bubbler systems are not appropriate. All sprinkler heads shall be adjusted to avoid overspray. h. All high water use areas shall be irrigated separately from drought tolerant areas. i. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs. 2. Within 30 days after Final Tract Map approval, or before sale of any individual lot, which ever occurs first, the developer shall submit to the City a Covenant to Maintain Property to protect views for each lot. All fees associated with recording said covenants shall be paid by the developer. L. TRA T FENCING P A 1. A complete project fencing plan (including public trails and proposed fence and wall details) shall be approved by the Director of Planning, Building and Code Enforcement prior to issuance of grading permits. It shall be the responsibility of the developer to install this fencing prior to sale of any lot within each workable phase. Said fencing plan shall incorporate the following: a. A decorative, maximum height six (6) foot fence which allows a minimum of 90% light and air to pass through shall be required along the northerly boundary of the 50 foot landscape easement (as described in Condition No. K11, Resolution No. 96 -89, Exhibit "A ", Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 12 of 18 Conditions of Approval for Tentative Tract Map 46651) located adjacent to the rear property line of Lots 2 -12 and 53 -63. Similar fencing shall also be required along the rear property line of Lots 50 -52, along the eastern side property line of Lot 12, and along the western side property lines of Lots 28, 29, and 63. Any change to this design criteria must be approved by the Director of Planning, Building and Code Enforcement. b. A decorative, uniform wall or fence shall be required along the rear of Lots 13 -17, and 43 -45, and along the northerly side property line of Lot 18. The maximum height of any wall or fence placed along the rear and sides of these lots shall not exceed six (6) feet at any point. C. The eastern side property line of Lots 45 and 46, and rear property lines of Lots 46 -49 may have a uniform six foot maximum height solid wall with pilasters. DEVELOPMENT OF INDIVIDUAL LOTS M. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Remedial grading, consisting of over - excavation and recompaction for geologic stability which will not alter the contours shown on the approved tract grading plan shall be reviewed and approved by the Director of Planning, Building and Code Enforcement. In addition, grading up to 1,000 cubic yards for residential use of an individual lot shall be reviewed and approved by the Director of Planning, Building and Code Enforcement. Grading in excess of 1,000 cubic yards, or grading to alter the finished pad elevations shall require approval by the Planning Commission. 2. No construction and /or grading on individual lots shall be permitted on 3:1 or greater slopes. N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 1. Prior to issuance of any grading or construction permits for individual lots, final improvement plans for each lot and structure shall be submitted to the Director of Planning, Building and Code Enforcement for review and Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 13 of 18 approval. Said plans shall. include, but are not_ limited to, plot plan, section and elevation drawings, grading, landscaping, and exterior lighting plans. The plot plan shall clearly show existing and proposed topography, all proposed structures, all easements, and setbacks. The section and elevation drawings shall clearly indicate maximum proposed height and ridge elevation for all structures, fences, walls, accessory structures, and equipment. 2. Landscape planting and irrigation plans for each lot shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval prior to building permit final. Landscape and irrigation plans shall include the following: a. A minimum of eighty percent (80 %) drought tolerant plant materials for all landscaped areas. b. All rear and side yard slopes shall be planted with a drought tolerant ground cover. C. Landscaping shall be planted in such a manner so that views from adjacent properties and any public right -of -way are not affected and so that solar access to all dwelling units is protected. d. All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height. e. Irrigation systems shall utilize drip and bubbler systems wherever possible. Controlled spray systems may be used where drip or bubbler systems are not appropriate. All sprinkler heads shall be adjusted to avoid overspray. f. All high water use areas shall be irrigated separately from drought tolerant areas. g. Irrigation systems shall be on automatic timers and shall be adjusted for seasonal water needs. h. All landscaping on corner lots shall conform to the standards for Intersection Visibility (Section 17.42.060) as identified in the Development Code. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 14 of 18 3. All private yard fencing placement shall conform with Section 17.42 of the Development Code. 4. Except as permitted in Condition L1 C, no solid walls or hedges shall be permitted within the front or street side setback of the residential lots. Only fences which allow 90% light and air to pass through to a maximum height of 42" shall be permitted. O. PRIVATE OPEN SPAC E 1. Each residential lot shall provide a private outdoor living area in an amount not less than four hundred (400) square feet for each bedroom in the unit. This area shall be adjacent to and provide a private, usable area for each dwelling unit. P. SETBACKS 1. All structures on an individual lot shall maintain a minimum front setback of twenty (20) feet. 2. Except for Lot 18, all structures on an individual lot shall maintain a minimum interior sideyard setback of 10 feet on one side, with a minimum total of 25 feet for both sides. Additionally, a minimum sideyard setback difference of two (2) feet shall be maintained between adjacent side property lines, so that no two adjacent properties have the same sideyard setback. 3. On Lot 18, the facade of the structure located along the northern side property line shall be articulated and shall maintain a minimum average sideyard setback of fifty -five (55) feet, with no portion of the structure located closer than forty -five (45) feet from the northern side property line. A minimum setback of 10 feet shall be maintained along the southern side property line, with a minimum sideyard setback difference of two (2) feet between adjacent side property lines as described above in Condition P2. The average setback shall be calculated in the following manner: Average setback = (Setback 1 X Length of Structure 1 +Setback 2 X Length of Structure 2 + ...)/Total Length of Structure 4. Except for Lots 13 and 45, all structures on an individual lot shall maintain a minimum streetside setback of 15 feet. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 15 of 18 5. On Lots 13 and 45, all structures shall maintain a minimum streetside setback of forty (40) feet. 6. Except for Lots 1, 13 -17, and 43 -45, all buildings on an individual lot shall maintain a minimum rear setback of twenty (20) feet. 7. On Lot 1, all buildings shall maintain a minimum rear setback of 5 feet from the retaining wall as shown parallel to the northern property line on Tentative Tract Map No. 46651 and dated September 24, 1991. 8. On Lots 13 -17, the rear facade of the structure shall be articulated and shall maintain a minimum average rear yard setback of sixty (60) feet, with no portion of the structure located closer than fifty (50) feet from the rear property line. The average setback shall be calculated as described above in Condition P3. 9. On Lots 43-45, all buildings shall maintain a minimum rear setback of forty -five (45) feet from the rear property line. Q. MINIMUM OPEN BPACE REQUIREMENTS QF INDIVIDUAL RESIDENCES 1. Each lot designated for single story structures shall have a minimum open space requirement of 65 percent of the total lot area. Driveway and parking areas, footprint of the structure (including garage) and any covered patios or covered walkways shall constitute lot coverage. 2. Each lot designated for split level or two story structures shall have a minimum open space requirement of 75 percent of the total lot area. Driveway and parking areas, footprint of the structure (including garage) and any covered patios or covered walkways shall constitute lot coverage. 3. In addition to the above open space requirements, the square footage of habitable space in each residence shall be limited to five thousand (5,000) square feet. Individual requests to exceed this square footage are subject to review and approval by the Planning Commission through an application for a minor revision to the Conditional Use Permit. Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 16 of 18 R. BUILDING FACADES AND ROOFLINES 1. No unbroken, vertical two story facades shall be allowed on the front and rear elevations of the residences in order to avoid solid, two story facades on any structure. The upper level shall be a minimum of twenty (20) percent smaller than the footprint of the structure. In no case should the setback area be less than six (6) feet. This area shall be setback from the lower level on both the front and rear elevation of each structure. The setback may only be used as a roof area or an uncovered deck or balcony. 2. The roof of the main structure on each residence shall have a pitch of at least 2 in 12 except where it is necessary to have small areas with less pitch in order to comply with Building Code criteria. 3. On lots 13 -18 and 43-45 which are closest to Crest Road, the main ridge of the structure shall be perpendicular to Crest Road. 4. Roofing materials shall be Class A and non - combustible. S. HEIGHTS 1. Building heights for all structures are limited as follows: Lot 1: 26 feet Lots 2 -12: 16 feet upslope /26 feet downslope Lots 13 - 28: 16 feet Lots 29 - 39: 26 feet Lots 40 - 52: 16 feet Lots 53 - 63: 26 feet 2. All heights shall be measured pursuant to View Preservation and Restoration Section 17.02.040 of the Rancho Palos Verdes Development Code. 3. Accessory structures shall not exceed twelve (12) feet in height. T. SQLAR SYSTEM 1. All dwelling units shall be designed and constructed so that the plumbing and circulation system will allow utilization of solar energy as part of the Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 17 of 18 hybrid system for providing hot water. Solar panels shall not exceed the ridgeline of the structure on which they are placed. 2. All proposed solar installation shall be reviewed by the Director of Planning, Building and Code Enforcement and for consistency with the provisions of the Development Code. U. LIGHTING 1. A typical residential unit lighting plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval prior to issuance of building permits and there shall be no direct off -site illumination from any light source. 2. Exterior residential lighting should be limited to the standards of Section 17.54.030 of the Development Code. V. APPLIANCES 1. All units shall be required to install and maintain in proper working order an electronic garage door opener for each garage door. 2. All units shall be required to install and maintain low water use plumbing fixtures including, but not limited to, low flow toilets and shower heads. W. TRAILS PLAN IMPLEMENTATION 1. Construction of the public trails shall be the obligation of the developer. Construction shall coincide with the project grading activity and shall be completed upon certification of rough grading. Dedication of the public trails shall occur at the time the final map is recorded. M:\ USERS\ CAROLYNN \WPWIN60\KAJIMA\CCEXACUP Resolution No. 96 -90, Exhibit "A" Conditional Use Permit No. 151 - Revision "A" Page 18 of 18