CC RES 1993-092RESOLUTION NO. 93 -92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES RE- APPROVING CONDITIONAL USE PERMIT NO.
162 AND GRADING PERMIT NO. 1541 TO THE CITY COUNCIL
FOR A RESIDENTIAL PLANNED DEVELOPMENT AND PUBLIC OPEN
SPACE IN ASSOCIATION WITH VESTING TENTATIVE TRACT MAP
NOS. 50666 AND 50667 AND TENTATIVE PARCEL MAP NOS.
20970 AND 23004 LOCATED IN COASTAL SUBREGIONS 7 AND 81
WHICH ARE PART OF THE DEVELOPMENT PROPOSAL KNOWN AS
OCEAN TRAILS.
WHEREAS, on December 7, 1992, the City Council of the City of Rancho
Palos Verdes adopted Resolution No. 92 -115 approving the Addendum to
Environmental Impact Report No. 36, Resolution No. 92 -116 and 92 -117,
approving Revisions to Vesting Tentative Tract Map Nos. 50666 and 50667,
Tentative Parcel Map Nos. 20970 and 23004; and Resolution Nos. 92 -118 and 92-
119 approving Revisions to Conditional Use Permit Nos. 162 and 163, Coastal
Permit No. 103, and Grading Permit No. 1541 for a Residential Planned
Development consisting of a total of eighty -three (83) single family dwelling
units, an 18 hole public golf course with a clubhouse and related facilities,
and public open space on 261.4 acres in Coastal Subregions 7 and 8; and,
WHEREAS, Frank P. Angel, representing Sierra Club, California Native
Plant Society, Coastal Conservation Coalition, Save Our Coastline 2000 and
Andrew H. Sargent, filed a lawsuit against the City and the landowners,
challenging the approval of the Ocean Trails project for purportedly violating
the City's General Plan, the California Environmental Quality Act and certain
provisions of the California Government Code; and,
WHEREAS, on August 18, 1993, the Superior Court of California, County of
Los Angeles, set aside the City's approval of Vesting Tentative Tract Map Nos.
50666 and 50667, Parcel Map Nos. 20970 and 23004, Conditional Use Permit Nos.
162 and 163 and Grading No. 1541, finding that, in approving the Ocean Trails
project, the City had not made findings required by Government Code Section
65590, subdivision (d), which states: "New housing developments constructed
within the coastal zone shall, where feasible, provide housing units for
persons and families of low or moderate income, as defined in Section 50093 of
the Health and Safety Code. Where it is not feasible to provide these housing
units in a proposed new housing development, the local government shall
require the developer to provide such housing, if feasible to do so, at
another location within the same city or county, either within the coastal
zone or within three miles thereof "; and,
WHEREAS, the Superior Court of California, County of Los Angeles, did
not set aside the City's approval of Coastal Permit No. 103. Therefore,
although the Court did set aside the portions of the City's resolutions
approving the conditional use permits and the grading permit, Resolution Nos.
92 -118 and 92 -119 are still in effect with regard to the approval of Coastal
Permit No. 103, pending final action by the California Coastal Commission,
which considered the permit on appeal, found substantial issue with the
proposed project, approved the project subject to special conditions on April
14, 1993, and is expected to adopt findings before the end of the year; and,
WHEREAS, in response to the Superior Court's peremptory writ of
mandamus, the landowners, Palos Verdes Land Holdings Company and Zuckerman
Building Company, submitted a proposal to address Government Code Section
65590 to the City on September 20, 1993, and submitted Draft Addendum No. 2 to
Environmental Impact Report No. 36 to the City on September 24, 1993. The
Draft Addendum No. 2 evaluates potential significant adverse environmental
impacts resulting from the addition of affordable housing requirements that
may occur in addition to those impacts discussed in Environmental Impact
Report No. 36; and,
WHEREAS, on September 28, 1993, after notice issued pursuant to the -
provisions of the Development Code, the Planning Commission of the City of
Rancho Palos Verdes held a public hearing to consider Draft Addendum No. 2 to
Environmental Impact Report No. 36 and the provision of affordable housing in
conjunction with the Ocean Trails project, and adopted P.C. Resolution No. 93-
31 recommending approval of Conditional Use Permit No. 132 and Grading No.
1541 to City Council; and,
WHEREAS, on October 5, 1993, after notice issued pursuant to the
provisions of the Development Code, the City Council held a public hearing to
consider the re- approval of Conditional Use Permit No. 162 and Grading No.
1541, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Based on the review of Draft Addendum No. 2 to Environmental
Impact Report No. 36 prepared in association with the provision of affordable
housing as part of the Ocean Trails project as conditioned, the project
mitigates, or reduces to the extent feasible, significant adverse effects to
adjacent properties or the permitted uses thereof. The City Council finds
that social, recreational, and other benefits of the project outweigh any
unavoidable adverse environmental impacts that may occur and that due to
overriding benefits and considerations, any unavoidable adverse environmental
impacts of the project are acceptable. Resolution No. 93 -89 and Resolution
No. 92 -115 (which includes the detailed statement of overriding
considerations) are hereby made a part of this Resolution, by reference,
pursuant to the California Environmental Quality Act.
Section 2: Pursuant to Sections 17.06.030 and 17.56.060 of the
Development Code, the City Council, in re- approving of the conditional use
permit to implement the Residential Planned Development, finds as follows:
A. That the proposed uses are consistent with the General Plan and its
objectives. The General Plan land use map designates almost the entire
project site as Residential, with a maximum density of one dwelling unit
per acre, and shows the coastal bluffs as hazard areas. The General
Plan provides for additional commercial recreational uses within the
City as appropriate to a particular location, including golf,
equestrian, tennis and other recreational activities, and desi'gnatep`s the
City's entire coastal area as a specific plan district.
With 83 residential units on approximately 87.9 acres, the density is
below one dwelling unit per acre and, therefore, consistent with -the
General Plan.
Further, that the project complies with the criteria set forth in�the
General Plan for the Natural, Socio /Cultural and Urban Overlay Control
Districts on the site. As conditioned, the project preserves natural
drainage courses and significant geologic, biologic and hydrologic-
features in compliance with the Natural Overlay Control District,
protects areas that have significant historical, archeological or
cultural importance in compliance with the Socio /Cultural District and
preserves, protects and enhances public views and vistas in compliance
with the Urban Overlay Control District,
Resolution No. 93 -92
Page 2 of 5
B. That the proposed residential use is specifically permitted and the
proposed residential density is consistent with the Residential Single
Family, One Unit Per Acre (RS -1) zoning designation and the requirements
of a Residential Planned Development (RPD) special district, as shown on
the City's Official Zoning Map.
The project provides a minimum of thirty percent of the Residential
Planned Development as common open space, which open space is sited in a
manner that is accessible to viewing by the general public from public
roads and walkways and preserves views to the coast.
C. That given the adjacent land uses and the project's location and design,
as modified herein, and conditions imposed through this permit, the
261.4 acre site is adequate in size and configuration to accommodate the
proposed uses including a Residential Planned Development and golf
course, and that the Residential Planned Development complies, or is
conditioned to be consistent with, the Development Standards contained
in Development Code Section 17.06.040.
D. That given the adjacent land uses and the project's location and design,
as modified herein, and the conditions imposed by Conditional Use Permit
No. 163, as revised and attached hereto and incorporated herein by
reference, the site is adequate in lot size and configuration to
accommodate the golf course, clubhouse and related facilities.
E. That the site is served by Palos Verdes Drive South which is an improved
street designed to carry the type and quantity of traffic that would be
generated by the proposed project.
F. That, given the site location, project design, and conditions imposed
through this permit and attached hereto as Exhibit "A ", including
setbacks, heights, lighting, landscaping, fencing and other conditions,
.the proposed use 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.
G. That the proposed project, as conditioned, mitigates or reduces
significant adverse effects to adjacent properties or the permitted uses
thereof. The City Council finds that the social, recreational, and
other benefits of the project outweigh any unavoidable adverse
environmental impacts that may occur. The project implements the RS-
1 /RPD =designation of the site as shown in the Official Zoning Map,
z General Plan, and Coastal Specific Plan, while preserving a minimum of
thirty (30) percent of each tract as common open space, exclusive of the
golf course uses, with public parking, trails, and vista points that
will provide public recreational opportunities and preserve public
vistas and habitat areas.
Due to overriding benefits and considerations, the City Council finds
that any unavoidable adverse environmental impacts of the project are
acceptable. Resolution No. 93 -89 and Resolution No. 92 -115 (which
includes the detailed statement of overriding considerations and
mitigation monitoring program) are made a part of this Resolution, by
reference, pursuant to the California Environmental Quality Act.
Resolution No. 93 -92
Page 3 of 5
Section 3: Pursuant to Section 17.50.070 of the Development Code, the
City Council, in re- approving of the grading permit, finds as follows:
A. That the grading associated with the project is not excessive beyond
that necessary for the permitted primary use of the property since the
grading has.been limited to that necessary to (i) create the residential
lots in such a fashion that development of homes on the lots will not
adversely impact public and private views, (ii) construct a links -style
golf course in which preservation of natural open space is maximized and
(iii) make improvements to Palos Verdes Drive South which are necessary
for safety reasons. In addition, grading will be balanced on the site
with no export of excavated material.
B. That the grading and /or construction does not significantly adversely
effect the visual relationships with, nor the views from neighboring
sites, since the 18 -hole golf course is designed to conform with
existing topography, to the fullest extent possible, and the grading for
the residential lots will lower pad elevations to preserve views from
adjacent properties and visual corridors identified in the Coastal
Specific Plan when viewed from Palos Verdes Drive South and adjacent
properties.
C. That the nature of the grading minimizes disturbance to the natural
contours, and finished contours are reasonably natural, since the
majority of the project site will conform with the existing gently
sloping topography, with a significant portion remaining as undeveloped
open space.
Section 4: The City Council has considered the requirements of
Government Code Section 65590, which requires new housing developments located
in the coastal zone to provide, where feasible, housing units for persons and
families of low or moderate incomes, as defined in Section 50093 of the Health
and Safety Code. The Government Code further requires that where it is not
feasible to provide. these housing units in a proposed new housing development,
the local government shall require the developer to provide such housing, if
feasible to do so, at another location within the City, either within the
coastal zone or within three miles thereof.
Based on the information, analysis and findings included in
Environmental Impact Report No. 36, and the subsequent conditions of approval
placed on the project by the City of Rancho Palos Verdes and the California
Coastal Commission, the City Council finds that the Ocean Trails project site
has certain physical and environmental constraints, including geotechnical
factors, topographic conditions and requirements for open space, public parks,
a trails network and native habitat areas, which limit the amount of land
available on -site for the construction of affordable housing units.
In addition, based on information that was gathered by the City with
regard to the average number of persons within the low to moderate income
ranges that would be expected to be employed on the project site, including
employees associated with the golf course and the residential lots, the City
Council finds that the project will generate a need for affordable housing
units. Additionally, the City Council finds that the provision of 10 percent
of the units for very low to low income persons is consistent with the City's
current population of approximately 12 percent of very low to low income
residents.
Therefore, taking into the account the physical constraints on the
property, yet recognizing the employment opportunities generated by the
project for persons of very low and low income levels and the corresponding
housing needs, the City Council finds that a requirement of four (4)
Resolution No. 93 -92
Page 4 of 5
affordable housing units on -site and four (4) affordable units off -site (which
is equivalent to 10% of the eighty three (83) approved market -rate residential
lots) is feasible and would satisfy the intent of Government Code Section
65590.
However, the City Council's finding is in no way intended to preclude
future residents or tenants of the project site from providing additional
affordable housing opportunities.
Section 5: All mitigation measures required in Environmental Impact
Report No. 36, the Supplement to EIR No. 36, Addendum No. 1 to EIR No. 36 and
Addendum No. 2 to EIR No. 36, are hereby incorporated by reference into the
conditions of approval for the re- approval of the conditional use permit and
grading permit.
Section 6: For the forgoing reasons, and based on information and
findings contained in the public record, including staff reports, minutes,
records of proceedings, and evidence presented at the public hearings, the
City Council of the City of Rancho Palos Verdes hereby re- approves Conditional
Use Permit No. 162 and Grading Permit No. 1541, subject to the conditions
attached in Exhibit "A ", which are necessary to protect the public health,
safety and general welfare, and subject to the re- approval of Tentative Parcel
Map Nos. 23004 and 29070, and Vesting Tentative Tract Map Nos. 50666 and
50667; and approval of Addendum No. 2 to Environmental Impact Report No. 36.
PASSED, APPROVED and ADOPTED on this 5th day of October 1993,
YOR
ATTEST:
CITY /CLERK
STAlly 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. 93 -92 was duly and regularly passed and adopted
by the said City Council at a regular meeting held on October 5, 1993.
Jo Plut8ell, City Clerk
Cit f Rancho Palos Verdes
CP /OT2:CCCUP162.OT2
Resolution No. 93 -92
Page 5 of 5
"EXHIBIT A"
CONDITIONS OF RE- APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT
CONDITIONAL USE PERMIT NO, 162
AND GRADING PERMIT NO. 1541
I. GENERAL CONDITIONS
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval of the Conditional Use Permits and
Grading Permit, the developer shall submit, in writing, a statement that
they have read, understand and agree to all of the conditions of
approval contained in this exhibit.
2. Re- approval of the Conditional Use Permit and Grading Permit is subject
to the re- approval of Vesting Tentative Tract Map Nos. 50666 and 50667
and Tentative Parcel Map Nos. 20970 and 23004.
3. The developer shall participate in, and pay any fees required by, the
City's Public Art Program. Any proposal for participation shall be
submitted to the City prior to the issuance of grading permits.
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 a documentary handling fee within 48 hours of
City approval of these permits. The developer shall also pay any fine
imposed by the Department of Fish and Game, if required.
5. This approval is conditioned upon the applicant entering into an
agreement with the City of Rancho Palos Verdes within twenty (20) days
of the date of this approval, subject to approval by the City Attorney,
to indemnify and defend the City against all damages, claims,
judgements, and litigation costs, including, without limitation,
attorney's fees awarded to a prevailing party, arising from the approval
of the project and all issues related thereto.
6. The developer shall provide a minimum of four (4) dwelling units on -site
as rental housing, which is affordable to very low to low income
households. These units shall be provided on -site in conjunction with
development of the clubhouse and /or golf course maintenance facilities.
Each unit shall contain at least 850 square foot of living space and two
bedrooms. A minimum of two enclosed parking spaces shall be provided
for each unit. The units shall be available for rent within one year of
the opening of the clubhouse. A covenant which guarantees that the
affordable units shall not revert to market rate for a minimum period of
thirty years shall be recorded no later than the date of recordation of
the final map.
Project management, including tenant selection and income monitoring,
shall be provided in a manner to be approved by the City. First
priority for the units shall be given to very low to low income
employees of the Ocean Trails project. Second priority shall be given
to persons within very low to low income levels working within four
miles of the City's coastal zone. Third priority shall be given to
persons within very low to low income levels, regardless of the location
of employment (if employed).
7. The total number of on -site market -rate dwelling units shall be limited
to one dwelling unit per buildable acre of land. However, as an
incentive to the developer to provide affordable housing, the four (4)
affordable dwelling units to be provided on -site, pursuant to Condition
No. A6 above, shall be allowed to exceed the one dwelling unit per
buildable acre maximum. However, in no event shall more than 83 units
(both market -rate and affordable) be constructed on the total project
site, which includes Vesting Tentative Tract Map Nos. 50666 and 50667.
8. The developer shall provide a minimum of four (4) dwelling units off -
site as rental housing, which shall be affordable to very low to low
income households.
The off -site units shall be located in the City, either within the
City's coastal zone or within three miles thereof, and shall not already
be designated for or used by persons or families of very low to moderate
income levels. The units shall contain at least 850 square feet of
habitable space and two bedrooms. The units shall be available for rent
at the time when 50% of the market -rate lots are available for sale.
The units shall remain affordable to very low to low income households
for a period of at least thirty years after initial occupancy at the
of f ordab le rate .
Project management, including tenant selection and income monitoring,
shall be provided in a manner to be approved by the City. First
priority for the units shall be given to very low to low income
employees of the Ocean Trails project. Second priority shall be given
to persons within very low to low levels working within four miles of
the City's coastal zone. Third priority shall be given to persons
within very low to low income levels, regardless of the location of
employment (if employed).
B. CONSTRUCTION PLAN
1. Prior to the 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 construction of improvements, location of construction
trailers, construction signs and equipment storage areas and the
location and type of temporary utilities.
2. The use of a rock crusher on the site is prohibited.
3. The hours of operation for grading and construction activities 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, No on -site maintenance of equipment or vehicles shall
be permitted before or after the hours indicated. No truck queuing
shall occur before 7:00 a.m.
4. Flagmen shall be used during all construction activities as required by
the Director of Public Works.
5. Prior to the issuance of grading permits and /or building permits, a
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.
6. Noncompliance with the above construction and /or grading restrictions
shall be grounds for the City to stop work immediately on the property.
C. COMPLETION PER APPROVED PLANS
1. The developer shall designate appropriate workable phases (portions of
the development to include adjoining clusters of lots, their streets of
access, finish grading phases, supporting off -site improvements and on-
Resolution No. 93 -92
Exhibit "A"
Page 2 of 15
site drainage and utility improvements) that shall be approved by the
Director of Planning, Building and Code Enforcement and the Director of
Public Works.
2. Any workable phase not under construction which has been scarified
through grading operations shall be irrigated and landscaped. Temporary
irrigation lines may be approved by the Director of Planning, Building
and Code Enforcement.
3. Prior to the issuance of grading permits, the developer shall post a
bond, cash deposit, or other City- approved security to guarantee
substantial vegetative cover and maintenance of all finish graded lots
which have not been sold for development.
4. No building permits shall be issued prior to finish grading within the
workable phase of the site in which each lot is located and until the
Director of Planning, Building and Code Enforcement has determined that
all drainage facilities and common area and off -site improvements in the
workable phase of the site and necessary for development of the phase in
the approved construction plan and as depicted in the approved
construction plan in which the lots or structures are located are
completed, to the extent that the lots or structures are accessible and
able to support development.
5. All lots within each approved workable phase of the tract shall be
graded concurrently.
D. GRADING
1. Prior to recordation of each Final Map or prior to issuance of grading
permits, whichever occurs first, the project geologist will review and
approve the final grading plans and specifications by manual signature.
2. Prior to issuance of grading permits or recordation of each Final Tract
Map, whichever occurs first, a final 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(s)
and shall specifically be approved by the geologist and /or soils
engineer and comply with all recommendations submitted by them. It
shall also be consistent with the tentative tract map and conditions as
approved by the City.
3. All geologic hazards associated with this proposed development shall be
eliminated or the City Geologist shall designate a Restricted Use Area
on each Final Map, in which the erection of buildings or other
structures shall be prohibited.
4. 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 City Engineer.
5. 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 its designee
shall provide certification for all grading related matters.
6. All of the recommendations made by the City Engineer and the City
Geologist during their on -going review of the project shall be
incorporated into the approved grading plans.
Resolution No. 93 -92
Exhibit "A"
Page 3 of 15
7. All of the recommendations of the project geologist, except as modified
by the City Geologist, will be incorporated into the design and
construction of the project.
8. Prior to issuance of a building permit, 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).
9. Prior to issuance of a building permit, an as- graded soils and geologic
report(s), complete with geologic map shall be submitted for review and
approval by the City Geologist in conformance with accepted City
practice.
10. Prior to issuance of a building permit, an as -built geological report(s)
for structures founded on bed rock and an as -built soils and compaction
report for structures founded on fill and all engineered fill areas
shall be submitted for review and approval by the City Geologist in
conformance with accepted City practice.
11. All grading shall be monitored by a licensed engineering geologist
and /or soils engineer in accordance with applicable provisions of the
Municipal Code and the recommendations of the City Engineer.
12. 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 requirements of the
Development Code, shall be obtained.
13. All grading shall conform to Chapter 29, "Excavations, Foundations, and
Retaining Walls," and Chapter 70, "Excavation and Grading" of the
Uniform Building Code.
14. Unless otherwise provided in these conditions of approval or permitted
by the Director of Planning, Building and Code Enforcement, the project
shall comply with all appropriate provisions of the City's grading
ordinance (Chapter 17.50 Grading).
15. All grading activity on the site shall occur in accordance with all
applicable City safety standards.
16. No created slopes within the tract shall exceed 2:1, unless approved by
the Director of Planning, Building and Code Enforcement.
17. All graded slopes shall be properly planted and maintained. Plants
shall be selected that are drought tolerant, capable of developing deep
root systems and shall generally consist of low ground cover to impede
water flow on the surface. Watering for establishment of said plant
material shall be done in cycles that will promote deep rooting.
Watering shall be diminished or stopped just prior to and during the
rainy season or upon establishment of the plant material, whichever
occurs first. To provide greater slope protection against scour 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 material or method to control erosion.
18. Where feasible, and subject to the review and approval of the Director
of Planning, Building and Code Enforcement all graded slopes shall be
"landform" graded so as to closely reflect naturally occurring
topographic contours. Slope gradients shall be natural and no abrupt
changes between natural and graded slopes shall be permitted.
Resolution No. 93 -92
Exhibit "A"
Page 4 of 15
19. All natural and created slopes greater than 3:1 shall be designated as
Restricted Use Areas on the Final map.
20. All proposed retaining walls to be constructed shall be subject to
review by the Director of Planning, Building and Code Enforcement with
subsequent review by the Planning Commission, if required, for review
and approval pursuant to Section 17.50 of the Rancho Palos Verdes
Development Code.
21. Foundations and floor slabs cast on expansive soils shall be designed in
accordance with Los Angeles County Code Section 2907 -i.
22. Prior to issuance of grading permits and or recordation of the final
map, whichever occurs first, written approval must be obtained from the
owners of adjacent properties within the City where off -site grading for
trails is proposed or may result.
23. Areas of the site that are not to be disturbed during grading or
construction or that are to be protected in accordance with the
mitigation monitoring program established in Environmental Impact Report
No. 36 shall be fenced during construction, subject to the review and
approval of the Director of Planning, Building and Code Enforcement.
E. LANDSCAPING
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 open space areas
within the boundaries of the Vesting Tentative Tracts, roadway medians
and public trails. The final landscape and irrigation plan shall
conform to the California State Model Water Efficient Landsacpe
Oridnance (per State Assembly Bill 325) and 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.
d. The re- seeding and re- establishment of natural plant species for
all of the disturbed common open space areas. Said plan shall
include site specific and non - invasive species, and shall be
reviewed and commented on by the project biologist and interested
parties, and shall be subject to the approval of the Director of
Planning, Building and Code Enforcement.
e. Landscaping and irrigation plans for all rough graded surfaces
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.
Resolution No. 93 -92
Exhibit "A"
Page 5 of 15
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 Map approval, or before sale of any
individual lot, whichever 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.
F. TRACT FENCING PLANS
1. A complete project fencing plan for each tract included in this approval
(including public trails, habitat areas, warning signage, and proposed
fence and wall details) shall be reviewed and approved by the Director
of Planning, Building and Code Enforcement prior to issuance of grading
permits or recordation of the Final Map, whichever occurs first. It
shall be the responsibility of the developer to install this fencing
prior to sale of any lot within each workable phase. Said fencing plans
shall incorporate the following:
a. A 42 inch high pipe rail fence or similar fencing of suitable
design shall be placed along the length of the bluff top on the
seaward side of the bluff top pedestrian trail, subject to the
review and approval of the Director of Planning, Building and Code
Enforcement. It shall be the responsibility of the developer to
install this fencing and warning signage to coincide with the
construction of the bluff top pedestrian and bicycle trail.
b. A protective fence around the California gnatcatcher habitat areas
and around all wildlife corridors adjacent to residential
development, or as otherwise required by the Director of Planning,
Building and Code Enforcement shall be installed. Fencing of all
enhancement areas shall also be required, subject to the review
and approval of the Director of Planning, Building and Code
Enforcement. Said fencing shall satisfy all requirements of the
project biologist, incorporate a method to prevent domesticated
animals from entering the habitat ares, include appropriate
warning signage, and shall be black or dark green in color.
Temporary fencing shall be installed around the existing wildlife
corridors and habitat areas prior to the issuance of grading
permits and the permanent fencing shall be installed prior to the
sale of any lot within adjacent workable phases.
C. vesting Tentative Tract Map No. 50666
1) A decorative, minimum height five (5) feet, maximum height
six (6) feet fence which allows a minimum of 90% light and
air to pass through shall be required along all streetside
setbacks and rear property lines. If not specifically
addressed above, said fencing shall be required along all
property lines directly abutting common open space or
adjacent to the proposed golf course. Said fencing shall
meet the minimum standard design requirements of pool
fencing. Any change to this criteria must be approved by
the Director of Planning, Building and Code Enforcement.
2) A decorative, minimum height five (5) feet, maximum height
six ( 6 ) feet fence which allows a minimum of 90% light and
air to pass through shall be required within the rear yard
setback (rear and side property lines) areas on Lots 1 -6,
14 -17, and 21 -37. Said fencing shall meet the minimum
Resolution No. 93 -92
Exhibit "A"
Page 6 of 15
standard design; requirements for pool fencing. Any change
to this criteria must be approved by the Director of
Planning, Building and Code Enforcement.
d. Vesting Tentative Tract Map No. 50667
1) Except for Lots 17 -20, a decorative, minimum height five (5)
feet, maximum height six (6) feet fence which allows a
minimum of 90% light and air to pass through shall be
required along all streetside setbacks and along all rear
property lines. Said fencing shall also be required along
the western side property line of Lots 31, 33, 36, 37, and
39 and along the eastern side property line of Lots 32, 34,
and 38. If not specifically addressed above, said fencing
shall be required for all property lines directly abutting
common open space or adjacent to the proposed golf course.
Said fencing shall meet the minimum standard design
requirements of pool fencing. Any change to this criteria
must be approved by the Director of Planning, Building and
Code Enforcement.
2) A decorative, minimum height five (5) feet, maximum height
six (6) feet fence which allows a minimum of 90% light and
air to pass through shall be required within the rear yard
setback (rear and side property lines) areas on Lots 1 -6,
14 -17, 21 -37, and 41 -43. Said fencing shall meet the
minimum standard design requirements for pool fencing. Any
change to this criteria must be approved by the Director of
Planning, Building and Code Enforcement.
3) A decorative uniform wall or fence shall be required along
the rear property lines of Lots 17 -20.
4) A decorative, minimum height five (5) feet, maximum height
six (6) feet fence which allows a minimum of 90% light and
air to pass through shall be required on that portion of Lot
H abutting Street "C" and the adjacent side property lines
of Lots 6 and 7.
2. Chain link or other wire fencing is prohibited on any portion of any lot
within the tract, except as otherwise required by the project biologist
for habitat protection.
3. Except as provided in Condition F1b4 above, within the front and
streetside setback areas, fences, walls, or hedges up to a maximum of 24
inches in height shall be permitted.
G. TRAILS PLAN IMPLEMENTATION
1. Prior to issuance of any grading permit, or prior to recordation of any
final map, whichever occurs first, the developer shall submit a detailed
public amenities plan, including signage, specific design standards and
placement for all trails, vista points and parking facilities,
facilities to accommodate radio controlled silent glider planes, and
other amenities consistent with the Conceptual Trails Plan and subject
to the review of the Recreation and Parks Committee, the Director of
Planning, Building and Code Enforcement, the Director of Public Works,
and the Director of Parks and Recreation, and approval by the City
Council. The public amenities plan shall be in substantial conformance
with the program described in the Public Amenities and Coastal Access
Program for Rancho Palos Verdes Subregion 7 prepared on April 16, 1992
by the applicant.
Resolution No. 93 -92
Exhibit "A"
Page 7 of 15
2. Dedication of the public trails shall occur at the time any Final Map is
recorded.
3. Construction of the public trails shall be the obligation of the
developer. Construction shall coincide with the project grading
activity for each approved workable phase within each tract and shall be
completed upon acceptance of street improvements within each tract.
H. MITIGATION MEASURES
1. The development shall comply with all mitigation measures of
Environmental Impact Report No. 36. Where more restrictive language
appears in these conditions of approval, the more restrictive language
shall control.
2. All costs associated with implementation of the Mitigation Monitoring
Program shall be the responsibility of the Developer.
II. DEVELOPMENT OF INDIVIDUAL LOTS
I. NUMBER OF RESIDENTIAL UNITS
1. No more than forty (40) single family residential units shall be
permitted in Tract 50666 and no more than forty -three (43) single family
residential units shall be permitted in Tract 50667,
J. PROJECT DESIGN
1. Prior to the issuance of grading permits, a final 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 lot improvements including drainage structures and features,
building pad areas and elevations, and utility easements, as depicted on
Vesting Tentative Tract Map Nos. 50666 and 50667.
2. All residential development shall conform to the specific standards
contained in this permit or, if not addressed herein, the RS -1 (RPD)
development standards of the Development Code shall apply.
3. Any significant changes in the development characteristics of the
Residential Planned Development, including but not limited to the number
of dwelling units, street and lot configuration or modifications to the
finished contours, 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 any minor changes are made to the
Residential Planned Development, the Director of Planning, Building and
Code Enforcement shall report to the Planning Commission a determination
of significance.
4. Developer's of individual properties shall participate in any Design
Review Committee ( "DRC"") or similar body processes in place at the City
at the time development and /or construction plans for each individual
residence are submitted to the City for review.
5. No grading or construction of permanent structures on any individual lot
shall be allowed closer than twenty -five (25) feet to the Coastal
Setback Zone.
Resolution No. 93 -92
Exhibit "A""
Page 8 of 15
K. COMMON OPEN SPACE BONDS
1. A minimum of 30% of the acreage of each residential Tract 50666 and
50667, exclusive of the golf course area shall remain as common open
space.
2. Prior to recordation of each Final Map or commencement of work,
whichever occurs first, the developer shall post a bond, cash deposit,
or other City- approved security to ensure the completion of all common
area improvements including: rough grading, landscaping, irrigation,
public trails, drainage facilities, and other site features as per
approved plans.
L. CC &Rs
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 the 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 Vesting Tentative
Tract Map Nos. 50666 and 50667.
2. All necessary legal agreements and documents, including Homeowners'
Association, deed restrictions, covenants, dedication of development
rights, public easements, and proposed methods of maintenance and
perpetuation of all on -site 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 each Final Map. Said CC &R's shall include, but not
be limited to, the following provisions:
a. All provisions required by Section 17.14 (Homeowners' Association)
of the City's Development Code.
b. Membership in the Homeowners' Association shall be inseparable
from ownership in the individual lots.
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 the standards of development
contained in subsections M through 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,
Lighting, and Appliances). A manual containing this information
shall be provided by the developer and /or Homeowners' Association
to each individual landowner upon purchase of any lot or
residence.
d. All future residential structures, accessory structures,
improvements, and /or landscaping shall be subject to review by the
Director of Planning, Building and Code Enforcement and /or "DRC"
as described below in Condition N1 and construction and
installations of said structures and improvements shall conform to
the City- approved plans.
e. Dedicate to the City the right to prohibit construction of
residential structures on slopes greater than a 3:1 gradient,
except for Lots in Tract 50667 where the building pad is split by
2:1 transitional slopes.
Resolution No. 93 -92
Exhibit "A"
Page 9 of 15
f. Exterior residential lighting shall be limited to the standards of
Environmental Protection set forth in Section 17.54 of the City
Development Code.
g. Lot coverage, setback, height and private open space shall comply
with the requirements for each residential structure as detailed
in these Conditions of Approval.
h. 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.
i. All landscaping (including parkway trees) shall be selected and
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.
j. No landscaping or accessory structure shall block or significantly
obstruct solar access to any lot.
k. The outlet structures for the on -site drainage improvements shall
be preserved and maintained by the City through the establishment
of a maintenance district comprised of the members of the
Homeowner's Association. A note to this effect shall be placed on
each Final Map.
1. All owner /tenants of lots where storm water flows to the rear yard
shall be responsible for preventing obstruction to flows to the
rear yard storm drain and to ensure that the rear yard storm
drains remain accessible for periodic maintenance by the Los
Angeles County Department of Public Works.
M. Information detailing covenants prohibiting the developer and any
successors in interest of the developer, including but not limited
to, any purchaser of an individual lot in this subdivision, from
contesting the formation of a maintenance district, referred to in
subsection L.2.k. above and in Condition Nos. H5 and 03 of
Resolution No. 93 -90 and Condition Nos. H5 and 02 of Resolution
No. 93 -91.
n. Identification of all public trail easements for pedestrian use.
The CC &R's shall also prohibit individually owned structures,
accessory structures, fences, walls, hedges, landscaping or any
other such obstacle within said trail easements without the
written approval from the City Council of the City of Rancho Palos
Verdes.
3. Within thirty (30) days following recordation of the CC &R's, the
developer shall submit a recorded copy of the document to the Director
of Planning, Building and Code Enforcement.
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 subject to review and approval by
the Director of Planning, Building and Code Enforcement. In addition,
grading of up to 1,000 cubic yards for residential use of an individual
lot shall be subject to review and approval 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.
Resolution No. 93 -92
Exhibit "A"
Page 10 of 15
2. No construction and /or gradipg_on individual lots, except for 2:1
transitional slopes between ``split level pad areas on the same lot, shall
be permitted on 3:1 or greater slopes.
3. All retaining walls shall be subject to review and approval 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 City Development Code.
4. Foundations and floor slabs cast on expansive soils will be designed in
accordance with Los Angeles County Code Section 2907 -i.
N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES
1. Prior to issuance of any grading or construction permits for individual
lots subsequent to the completion of finished pads, final improvement
plans for the particular lot and structure shall be submitted to the
Director of Planning, Building and Code Enforcement and /or Design Review
Committee ("DRC ") or similar body as described below in Condition N5 for
review and approval. Said plans shall include, but are not limited to,
plot plan, section and elevation drawings, grading 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. Unless otherwise specified in these conditions of approval, all
structures and development on individual lots shall comply with RS -1
(RPD) development standards.
3. All fencing along interior side and front property lines, if not
otherwise addressed in Sections F1, F2, and F3 above, shall conform with
Section 17.42 of the Rancho Palos Verdes Development Code.
4. Chain link or other wire fence is prohibited on any portion of any lot,
except as otherwise required by project biologist for habitat
protection.
5. Developer's of individual properties shall participate in any Design
Review Committee ("DRC ") or similar body processes in place at the City
at the time development and construction plans for each individual
residence are submitted.
6. Development and construction plans for each individual residence shall
comply with the standards and conditions set forth in the "Design
Guidelines" for the tract and shall be incorporated within the CC &R's
for each tract and attached hereto as Exhibit "B" and hereby included as
a condition of approval. Requests for approval of individual residences
shall be reviewed for compliance with said conditions and "Design
Guidelines" by the Director of Planning, Building and Code Enforcement
and /or any Design Review Committee ( "DRC ") in place at the time
development applications for individual residences are submitted.
7. Upon submittal of proposed development and construction plans for each
individual residence to the Director of Planning, Building and Code
Enforcement as described above in Condition N1, individual property
owners shall provide written approval of the proposed development
obtained from the established Homeowner's Association or any Homeowner's
Association Architectural Committee.
Resolution No. 93 -92
Exhibit "A"
Page 11 of 15
O. PRIVATE LOT OPEN SPACE
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. The following setbacks shall apply for all structures located in Vesting
Tentative Tract 50666:
2.
a. Except for Lot 12, the minimum front yard setback for all
structures on an individual lot shall be thirty -five (35) feet.
On Lot 12, the minimum front yard setback for all structures shall
be thirty (30) feet.
b. The minimum rear yard setback for all structures on an individual
lot shall be thirty -five ( 35 ) feet.
C. On Lots 1, 9 -11, 15 -17, 23 -24, 30 -31, and 33 -40, the minimum
interior side yard setback shall be fifteen (15) feet on one side,
with a minimum total of thirty -five (35) feet on both sides.
d. On Lots 2 -8, the minimum interior side yard setback shall be
fifteen (15) feet on one side, with a minimum total of forty (40)
feet on both sides.
e. On Lots 12 -14, 18 -22, and 25 -29, the minimum interior side yard
setback shall be ten (10) feet on one side, with a minimum total
of thirty ( 30 ) feet on both sides.
f. On Lot 32, the minimum interior side yard setback shall be fifteen
(15) feet with a minimum total of thirty (30) feet on both sides.
g. The minimum street side setback shall be twenty (20) feet.
The following setbacks shall apply for all structures located in Vesting
Tentative Tract 50667:
a. Except for Lots 5 -13 and 15 -20, the minimum front yard setback for
all structures on an individual lot shall be thirty -five (35)
feet. On Lots 5 -13 and 15 -20, the minimum front yard setback for
all structures on an individual lot shall be twenty -five (25)
feet.
b. Except for Lots 5 -13, 15, 20, and 38 -40, the minimum rear yard
setback for all structures on an individual lot shall be thirty -
five (35) feet. On Lots 5 -13, 15, 20, and 38 -40, the minimum rear
yard setback for all structures on an individual lot shall be
twenty -five ( 2 5 ) feet.
C. On Lots 1 -4, 14 -16, and 38 -43, the minimum interior side yard
setback shall be fifteen (15 ) feet, with a minimum total of forty
(40) feet on both sides.
d. On Lots 5 -13, 17 -20, and 23 -33, the minimum interior side yard
setback shall be ten (10) feet, with a minimum total of thirty
(30) feet on both sides.
e. On Lots 21 -22 and 34 -37, the minimum interior side yard setback
shall be fifteen (15 ) feet, with a minimum total of thirty -five
(35) feet on both sides.
Resolution No. 93 -92
Exhibit "A"
Page 12 of 15
f. The minimum street side setback shall be twenty (20) feet.
3. Any other architectural features or appurtenances shall conform to
Section 17.40.030 (E) of the Rancho Palos Verdes Development Code.
4. Except for driveways and parking areas, all of the required front and
street -side setback areas shall be landscaped. Driveways and parking
areas shall not cover more than fifty (50) percent of the required front
or streetside setback areas.
5. Except as described below in Condition P6, no minor or accessory
structures, including but not limited to pool equipment and trash
enclosures, shall be permitted within any required setback area.
6. Trash enclosures and other minor equipment may be permitted within any
interior sideyard setback area adjacent to the structure, subject to
review and approval of a Minor Exception Permit.
Q. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES
1. The minimum open space requirement for all lots shall not be less than
60 percent of the lot. Lot coverage shall include the building
footprint, driveway and parking area, covered patios, covered walkways,
and other accessory structures.
2. In addition, the following limitations apply to habitable area of each
structure, dependant on the size of the lot on which the structure is
located:
LOT SIZE
MAXIMUM
MAXIMUM
(RANGE)
HABITABLE SPACE
HABITABLE SPACE
SQUARE FOOTAGE
(RANGE)
6,000 SQUARE FEET
15,000 - 19,999 SQUARE FEET
30%
20,000 - 24,999 SQUARE FEET
30%
71500 SQUARE FEET
25,000 SQUARE FEET OR GREATER
30%
10,000 SQUARE FEET
NOTES:
a. Lot sizes are based on calculated gross square footage.
b. Maximum Habitable Space includes the living area of all
structures, and does not include garage, access, driveways,
hardscape, and non- habitable basements per the Building Code.
C. No structure on any residential lot(s) shall exceed a maximum of
10,000 square feet.
3. Requests to modify the permitted habitable square footage per lot size
category are subject to a Major Conditional Use Permit revision.
Resolution No. 93 -92
Exhibit "A"
Page 13 of 15
R. BUILDING FACADES AND ROOFLINES
1. In order to avoid solid, two story facades on any structure, no
unbroken, vertical two -story facades shall be allowed on the front and
rear elevations of the residences. 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 on the upper level 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 16 -24 within Vesting Tentative Tract No. 50666, the main ridge
of the structure shall be parallel to the side property line and
generally perpendicular to Palos Verdes Drive South.
4. On Lots 21, 22, and 37 -40 within Vesting Tentative Tract No. 50667, the
main ridge of the structure shall be perpendicular to Palos Verdes Drive
South.
5. Roofing materials shall be Class A and non - combustible.
S. HEIGHTS
1. For purposes of identifying lot types and approved heights for all
primary structures within VTM 50666, Lot 1 and Lots 9 -40 are designated
as Lot Type A. Lots 2 -8 are designated Lot Type C.
2. For purposes of identifying lot types and approved heights for all
primary structures within VTM 50667, Lots 11 -13, 21, and 22 are
designated as Lot Type A. Lots 1 -10, 14 -201 23 -25, and 38 -43 are
designated Lot Type B. Lots 36 and 37 are designated Lot Type D.
3. Building heights for all residential structures are limited as follows:
Lot Type A: 16 feet
Lot Type B: 16 feet upslope /28 feet downslope
Lot Type C : 26 feet
Lot Type D: 16 feet upslope /28 feet downslope
2. All heights shall be measured pursuant to View Preservation and
Restoration Section 17.02.040 of the Development Code.
3. Accessory structures shall conform to Section 17.40.050 (C) of the
Rancho Palos Verdes Development Code.
T. SOLAR 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 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 for consistency with the
provisions of the Development Code.
Resolution No. 93 -92
Exhibit "A"
Page 14 of 15
U. LIGHTING
1. Exterior residential lighting shall be limited to the standards of
Section 17.54.030 of the Development Code.
2. 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 offsite illumination from any light source.
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. PERMIT EXPIRATION AND COMPLETION DEADLINE
1. If finished grading and construction of the streets and utilities have
not been completed and accepted within two (2) years from the date of
recordation of each Final Map, Conditional Use Permit No. 162 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 of the tracts.
CP /OT2:CC162CON:OT2
Resolution No. 93 -92
Exhibit "A"
Page 15 of 15