CC RES 1992-027RESOLUTION NO. 92 -27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE H.M.D.I., INC.
APPEAL AND DENYING THE LARUE APPEAL OF CONDITIONAL
USE PERMIT NO. 158, COASTAL PERMIT NO. 94 AND GRADING
PERMIT NO. 1439 AND THEREBY APPROVING A RESIDENTIAL
PLANNED DEVELOPMENT CONSISTING OF 79 SINGLE FAMILY
RESIDENTIAL LOTS AND 5 COMMON OPEN SPACE LOTS LOCATED ON
THE NORTHWEST CORNER OF PALOS VERDES DRIVE WEST AND
HAWTHORNE BOULEVARD.
WHEREAS, the H.M.D.I., Inc. has requested approval of a
Conditional Use Permit, Coastal Permit and Grading Permit to allow
a Residential Planned Development (RPD) with ninety -three (93)
single family lots and one (1) open space lot on a 132 acre site
located on Palos Verdes Drive West, northwest of Hawthorne
Boulevard, in the City's coastal zone (Subregion 1); and
WHEREAS, Draft and Final Environmental Impact Reports were
prepared and circulated in compliance with the California
Environmental Quality Act and the Planning Commission and City
Council considered the information, conclusions and mitigation
measures contained in these documents in their approval of the
proposed residential project; and
WHEREAS, after notice issued pursuant to the provisions of the
City's Development Code, the Planning Commission held apublic
hearing on the environmental review of the project applications on
October 8, 1991, and held public hearings on the project on October
22, November 12, and November 26, 1991 and January 14, 1992, at
which time all interested parties were given an opportunity to be
heard and present evidence.
WHEREAS, on February 5, 1992, the Planning Commission adopted
P.C. Resolution No. 92 -6 approving the Conditional Use Permit,
Coastal Permit and Grading Permit for seventy -nine (79) single
family lots and five (5) open space lots; and
WHEREAS, on February 6, 1992, H.M.D.I., Inc. submitted an
appeal of the Planning Commission's approval of the Conditional Use
Permit, Coastal Permit and Grading Permit, so that the City Council
could consider these applications in conjunction with the Vesting
Tentative Tract Map, On February 14, 1992, Lois Larue, a city
resident, submitted a second appeal of the Planning Commission's
approval of the project, claiming that the project is inconsistent
with the City's Coastal Specific Plan. Both appeals were filed
within the required fifteen (15) day appeal period; and
WHEREAS, the City Council held a public hearing on the appeal
on March 3, 1992, 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: Pursuant to Section 17.56.060 of the Development
Code, the City Council in approving the conditional use permit,
finds as follows:
A. That the subject use is consistent with the General Plan
and Coastal Specific Plan which both designate the permitted land
use on the site as low density single family residential, less than
or equal to one dwelling unit per acre, on the gently sloping bluff
top area and hazard on the steep coastal bluff faces.
B. That the subject 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 Official Zoning Map.
C. That given the adjacent land uses and the project's
location and design, as modified by the Planning Commission and
City Council, the 132 acre site is adequate in size and
configuration to accommodate the proposed residential and open
space project. In addition, the proposed project complies, or is
conditioned to be consistent with, the Development Standards
contained in Development Code Section 17.06.040.
D. That the site is served by Palos Verdes Drive West and
Hawthorne Boulevard, which are both improved streets designed to
carry the type and quantity of traffic that would be generated by
the proposed project.
E. That given the site location, project design, and
conditions imposed through this permit, 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.
F. 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 in the
General Plan and Coastal Specific Plan, while preserving much of
the site as natural and recreational open spaces, with a bluff
road, public parking, trails and vista points that will provide
public recreational opportunities and preserve public vistas and
habitat areas. Due to the overriding benefits and considerations,
the City Council hereby finds that any unavoidable adverse
environmental impacts of the project are acceptable. Resolution
Resolution No. 92 -27
Page 2 of 4
No. 92 -25, including the detailed statement of overriding
considerations, is made part of this resolution, by reference,
pursuant to the California Environmental Quality Act,
Section 2: Pursuant to Section 17.67.060 of the Development
Code, the City Council in approving the coastal permit, finds as
follows:
A. That the subject use is in conformance with the Coastal
Specific Plan, which designates the site as appropriate for Single
Family Residential uses and that the proposed project, as
conditioned by the Planning Commission and City Council, preserves
the view corridors identified in the visual corridors section of
the Coastal Specific Plan:
B. That the proposed project, which is located between the sea
and the first public road, is in conformance with applicable public
access and recreational policies of the Coastal Act, in thaat` the
proposed project includes a bluff road and. will provide public
parking, vista points, open space and trails along the bluff top.
Section 3: Pursuant to Section 17.50.070 of the Development
Code, the City Council in approving 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 earthwork will be balanced on site with no
export of excavated material.
B. That the grading and /or construction does not significantly
adversely affect the visual relationships with, nor the views from,
neighboring sites since the proposed grading will lower the pad
elevations of the proposed. residential lots to preserve view
corridors of the ocean, Point Vicente Lighthouse and Catalina
Island, as identified in the Coastal Specific Plan, when viewed
from Palos Verdes Drive West, Hawthorne Boulevard and adjacent
properties.
C. That the nature of the grading minimizes disturbance to the
natural contours and finished contours are reasonably natural since
the site was extensively graded in the past to form terraced
building pads for a multi - family development in 1972 and the
construction and grading for the proposed residential development
and open space will create a more natural, sloping topography on
the site.
Section 4: All mitigation measures required in Environmental
Impact Report No. 35 are hereby incorporated into the conditions of
approval for the conditional use permit, coastal permit and grading
permit.
Resolution No. 92 -27
Page 3 of 4
Section 5: For the foregoing 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 upholds the H.M.D.I., Inc. appeal and denies the
Larue appeal, thereby approving Conditional Use Permit No, 158,
Coastal Permit No. 94 and Grading Permit No. 1439 subject to the
conditions of approval contained in the attached Exhibit "A" which
are necessary to protect the public health, safety and general
welfare in the area.
PASSED, APPROVED, and ADOPTED this 17th day of March, 1992.
ATTEST:
CITY ERK "
S'T'ATE OF CALIFORNIA )
COUWY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES)
I, Jo Purcell, City Clerk of the City of Rancho Palos
hereby certify that the above Resolution No. 92 -27
was duly and regularly passed and adopted by the said
at a regular meeting hereof held on March 17, 19920
Verdes,
City Council
.f
CITY CLERK CITY OF RANCHO PALOS VERDE::
i
Resolution No. 92 -27
Page 4 of 4
RESOLUTION NO. 92 -27
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 158
COASTAL PERMIT NO. 94 AND GRADING NO. 1436
(VESTING TENTATIVE TRACT MAP NO. 46628)
DEVELOPMENT OF THE TRACT
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval of the conditional use
permit, coastal permit 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. Approval of the conditional use permit, coastal permit and
grading permit is subject to the approval of Vesting
Tentative Tract Map No, 46628,
3. The developer shall participate in a proportionate share of
any City Housing Element program that is in place at the
time that the finished 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 programs and with appropriate
appeal rights.
4. 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.
5. 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 this permit. The developer shall also pay any
fine imposed by the Department of Fish and Game, if
required.
6. Within sixty (60) days of approval of this vesting tentative
tract map by the City Council, the developer shall enter
into a development agreement or other agrement with the City
of Rancho Palos Verdes, which is completely satisfactory to
the City. The City shall have the exclusive discretion to
extend the sixty (60) day time limit and /or to relieve the
developer of the obligation of complying with this condition
of approval.
B. PROJECT DESIGN REVIEW
1. Prior to the issuance of grading permits, a tract site plan
shall be submitted to the Director of Environmental Services
for review and approval, identifying the location including
drainage structures and features, building pad areas and
elevations, and utility easements, as depicted on Vesting
Tentative Tract Map No, 46628,
29 Prior to the issuance of grading permits, an open space plan
shall be submitted to the Director of Environmental Services
for review and approval, identifying the location of habitat
preservation and restoration areas, public parking areas,
trails and public recreational areas. Said plan shall also
include detailed trail and signage standards and a
description of all recreational amenities, including, but
not limited to, benches, picnic tables and water fountains.
3. All residential development shall conform to the specific
standards contained in this permit or, if not addressed
herein, the RS -1 development standards of the Development
Code shall apply.
4. Any significant changes in the development characteristics
of the project, including but not limited to 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 development, the Director of Environmental Services
shall report to the Planning Commission a determination of
significance. The Planning Commission may call up any
proposed minor change for their consideration, as they
determine to be appropriate. The Planning Commission may
call up any proposed minor changes for their review, as they
determine to be appropriate.
C. PERMIT EXPIRATION AND COMPLETION DEADLINE
11 If finished grading and construction of the street and
utilities have not been completed and accepted within two
(2) years from the date of recordation of the Final Map , the
conditional use permit shall expire and be of no further
effect, unless, pursuant to Section 17.56.080 of the City's
Development Code an extension request is filed with the
Department of Environmental Services and is granted by the
Planning ommission. Otherwise, a new conditional use
g
permit must be approved prior to fur ther development of the
tract.
Resol . 92-27, ]Exhibit "A"
Page 2 of 16
D. NUMBER OF DWELLING UNITS
1. No more than seventy -nine (79) dwelling units shall be
permitted.
E. CONSTRUCTION PLAN
1. Prior to the issuance of grading permits, a construction
plan shall be submitted to the Director of Environmental
Services for review and approval. Said plan shall include,
but not 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 queing shall
occur before 7:00 a.m. No work shall be permitted on
Sundays or national holidays, unless a special construction
permit is approved by the Director of Environmental
Services.
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, a program to control and
earth problems shall be submitted
Environmental Services for review
include, but shall not be limited
vegetative planting.
permits and /or building
prevent dust and windblown
to the Director of
and approval. Methods may
to on -site watering and
6. Noncompliance with the above construction and /or grading
restrictions shall be grounds for the City to stop work
immediately on the property.
F. COMPLETION PER APPROVED PLANS
1. All lots shall be rough graded concurrently in accordance
with the approved grading plans and mitigation measures
specified in Environmental Impact Report No, 35. All
mitigation measures set forth in Environmental Impact Report
No. 35 are incorporated as conditions of approval of this
resolution
2. The developer shall designate appropriate workable phases
(portions of the development to include adjoining clusters
of lots, their streets of access, finish grading phases,
Resol . 92-27, Exhibit "A"
Page 3 of 16
supporting off -site improvements and on -site drainage and
utility improvements) that shall be approved by the Director
of Environmental Services and the Director of Public Works.
3. 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 Environmental Services.
4. 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.
5. No building permits shall be issued prior to finish grading
within the workable phase of the site in which the lot is
located and until the Director of Environmental Services has
determined that all drainage facilities and common area and
off -site improvements in the workable phase of the site as
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.
G. COMMON OPEN SPACE BONDS
1. Prior to recordation of the 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, recreational amenities, drainage facilities, and
other site features as per approved plans.
H. CC &R'S
19 Prior to approval of the final map, copies of Covenants,
Conditions and Restrictions (CC&RIs) shall be submitted to
the Director of Environmental Services 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.
46628.
2. All necessary legal agreements and documents, including
homeowner's association, deed restrictions, covenants,
dedication of development rights, public easements, and
proposed methods of maintenance and perpetuation of drainage
facilities and any other hydrological improvements shall be
submitted and approved by the City Attorney and the Director
of Environmental Services prior to approval of the Final
Resol. 92 -27, Exhibit "A"
Page 4 of 16
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 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 be provided by the developer and /or
Homeowner's Association to each individual landowner upon
purchase of any lot or residence.
d. All future residential structures, accessory structures,
and other improvements, excluding landscaping, shall be
subject to review by the Director of Environmental
Services 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 3:1
gradient, except on 2:1 transitional slopes between split
level pads.
f. Exterior residential lighting shall be limited to the
standards of the Environmental Protection 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.
Resol . 92-27, Exhibit "A"
Page 5 of 16
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 an assessment district
comprised of the members of the Homeowners Association.
A note to this effect shall be placed on the 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 an assessment district referred to in
Condition No. G3 of Resolution No. 92 -7.
n. 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 trail easements without the written approval from
the City Council of the City of Rancho Palos Verdes.
o. Identify the presence of the City's Covenant to Maintain
Property to protect views on each residential lot and
describe the individual landowners responsibilities to
trim and maintain foliage to protect views, as defined in
the Development Code.
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 Environmental Services.
I. GRADING
1. Prior to issuance of grading permits or recordation of the
Final Map, which ever 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 the
Final Map, which ever 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 and shall
specifically be approved by the geologist and /or soils
engineer and show all recommendations submitted by them. It
Resol . 92-27,, Exhibit "A"
Page 6 of 16
shall also be consistent with the tentative map and
conditions as approved by the City.
39 Prior to the issuance of grading permits, the project
biologist shall review and approve the final grading plan
for compliance with the mitigation measures required in
Environmental Impact Report No. 35 in the open space lots
and habitat areas on the site. Grading shall be prohibited
within the identified California gnatcatcher habitat area.
4. All geologic hazards associated with this proposed
development shall be eliminated or the City Geologist shall
designate a Restricted Use Area on the Final Map, in which
the erection of buildings or other structures shall be
prohibited.
5. All natural and created slopes greater than 3:1, excluding
split level pad transitional slopes, shall be designated as
Restricted Use Areas on the Final Map, in which the erection
of buildings and other structures shall be prohibited.
6. 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.
7. Prior to issuance of grading permits, 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.
8. A note shall be placed on the approved grading plan that
requires the Director of Environmental Services 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.
9. 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.
10. Prior to issuance of a building permit, an as- graded soils
and geologic report, complete with geologic map, shall be
submitted to and approved by the City Geologist in
conformance with accepted City practice.
11. Prior to issuance of a building permit, an as -built
geological report 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 to
and approved by the City Geologist in conformance with
accepted City practice.
Resol. 92 -27, Exhibit "A"
Page 7 of 16
12. 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.
13. All grading shall be balanced on -site. However, should
earth, rock or other material be required to be hauled from
the project site, a major revision to the grading permit,
pursuant to requirements of the Development Code, shall be
subject to the review and approval of the Planning
Commission.
14. All graded slopes shall be "landform" graded so as to re-
create a more natural appearance to the topographic
contours. Slope gradients shall be natural and no abrupt
changes between natural and graded slopes will be permitted.
15. All grading shall conform to Chapter 29, "Excavations,
Foundations, and Retaining Walls ", and Chapter 70,
"Excavation and Grading of the Uniform Building Code".
16. Unless otherwise provided in these conditions of approval or
permitted by the Director of Environmental Services, the
project shall comply with all appropriate provisions of the
City's grading ordinance (Chapter 17.50 Grading).
17. All grading activity on the site shall occur in accordance
with all applicable City safety standards.
18. With the exception of the existing 1.5 :1 slope adjacent to
Palos Verdes Drive West, all created slopes within the tract
shall not exceed 2:1, unless approved by the Director of
Environmental Services.
19. 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 on 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 comes 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 Environmental Services may approve an
alternative material or method to control erosion.
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 Environmental Services for review and approval of all
Resol. 92 -271 Exhibit "A"
Page 8 of 16
open space areas, habitat areas, roadway medians and public
trails. Landscape and irrigation plans shall include the
following:
a. A minimum of eighty percent (80 %) drought tolerant plant
materials for all ornamental landscaped areas.
b. Landscaping within all open space 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.
d. The re- seeding and re- establishment of native plant
species for all of the disturbed open space areas,
including, but not limited to the wetlands, the northern
drainage course, the wildlife corridor between Lots 26
and 27 and the California gnatcatcher habitat enhancement
area.
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. TRACT FENCING PLANS
1. A complete project fencing plan (including public trails,
habitat areas, warning signage and proposed fence and wall
Reso l . 92-271 Exhibit "A"
Page 9 of 16
details) shall be approved by the Director of Environmental
Services prior to issuance of grading permits. Said fencing
plan shall incorporate the following:
a. A 42 inch high pipe rail fence, of suitable design,
placed along the length of the bluff top on the seaward
side of the bluff top pedestrian trail. 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 trail.
b. A fence around the wetlands and the California
gnatcatcher habitat enhancement area on Lot 80, and
wildlife corridor between Lot 26 and 27. Said fencing
shall satisfy all requirements of the project biologist,
incorporate a method to prevent domesticated animals from
entering the habitat areas, include appropriate warning
signage and shall be black or dark green in color.
Temporary fencing shall be installed around the existing
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. Except for the fencing specified in Condition No. Llb, a
maximum three (3) foot high fence that allows 90% light
and air to pass through shall be placed along the east
property line adjacent to Palos Verdes Drive West.
d. Any change to the fence design criteria shall be approved
by the Director of Environmental Services.
DEVELOPMENT OF INDIVIDUAL LOTS
M. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES
1. 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)o
2. 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 Environmental
Services. In addition, grading up to 1,000 cubic yards for
residential use of an individual lot shall be subject to
review and approval by the Director of Environmental
Services. Grading in excess of 1,000 cubic yards, or
grading to alter the finished pad elevations shall require
approval by the Planning Commission.
Resol . 92-271 Exhibit "A"
Page 10 of 16
3. No construction and /or grading 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.
4. All retaining walls shall be subject to review by the
Director of Environmental Services with subsequent reporting
to the Planning Commission, if required, for review and
approval pursuant to Section 17.50 of the City Development
Code.
5. 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, final improvement plans for each lot and
structure shall be submitted to the Director of
Environmental Services 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 development standards.
O. PRIVATE OUTDOOR LIVING 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. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES
1. Maximum lot coverage, including building footprint,
driveway, parking areas and other accessory structures,
shall not exceed 30 %.
2. In addition to the above open space requirements, the square
footage of habitable space in each residence shall be
limited to eight thousand (8,000) square feet.
Resol. 92 -27, Exhibit "A"
Page 11 of 16
Q. SETBACKS
1. The minimum front yard setback shall vary from twenty -five
(2 5 ) feet to thirty -five (35) f eet throughout the
development, as established in the attached Exhibit "B ",
which is hereto incorporated into this condition of
approval.
2. The minimum combined side yard setback shall be thirty -five
(35) feet, with a minimum of fifteen (15 ) feet on one side,
so that no two homes are closer than thirty (30) feet to one
another.
3. The minimum street side setback shall be twenty (20) feet.
4. The minimum rear yard setback shall be twenty -five (25) feet
on Lots 31 to 57 and Lots 58 to 68. No accessory structures
(except pools and in- ground spas) and minor equipment shall
be permitted within the rear yard setback of these lots.
5. The minimum rear yard setback shall be f ifty (50) feet on
Lots 1 to 30 and Lots 69 to 79. No accessory structures
(except pools and in- ground spas) and minor equipment shall
be permitted within the rear yard setback of these lots.
R. BUILDING FACADES AND ROOFLINES
1. On those pad lots with a maximum building height of 26 feet,
per Condition S1, and on all split level pad lots, no
unbroken, vertical two story facades shall be allowed in
order to avoid solid, unarticulated two story facades. The
upper level of these structures shall be a minimum of twenty
(20) percent smaller than the footprint of the structure,
including the garage. On the rear and front facades of
those pad lots with a maximum building height of 26 feet,
and on the rear facade of all split level lots, a minimum of
seventy (70) percent of the upper level elevation shall be
setback from the lower level. In no case shall the upper
level setback be less than six (6) feet, as measured from
the building face of the lower elevation. This setback area
shall be used only 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 31 to 33, 39 to 45 and 70 to 71 which are closest to
Palos Verdes Drive West, the main ridge of the structure
shall be perpendicular to Palos Verdes Drive West.
4. Roofing materials shall be Class A and non - combustible.
Resol. 92 -271 Exhibit "A"
Page 12 of 16
S. HEIGHTS
1. Building heights
for
all residential structures are limited
as follows:
Lots
1-
3
26
feet
Lots
4 -
28
16
feet
upslope /26
feet
downslope
Lots
29 -
35
16
feet
Lots
36 -
37
16
feet
upslope /26
feet
downslope
Lots
38 -
39
16
feet
Lots
40 -
53
16
feet
upslope /26
feet
downslope
Lots
54 -
57
26
feet
Lots
58 -
68
16
feet
upslope /24
feet
downslope
Lots
69 -
72
16
feet
Lots
73 -
79
16
feet
upslope /24
feet
downslope
2. All heights shall be measured pursuant to View Preservation
and Restoration Section 17.02.040 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 Environmental Services and for consistency with
the provisions of the Development Code,
U. FENCING ON INDIVIDUAL LOTS
1. Prior to the sale of any lot within each workable phase, the
developer shall install a decorative, maximum six (6) foot
high fence which allows a minimum of 90% light and air to
pass through along the rear property lines of Lots 31 to 79,
along the south street side setback line of Lot 31 and
within the rear yard setback (rear and side property lines)
of Lots 1 to 30.
2. No fencing shall be permitted within the required front yard
setback on all residential lots.
U. LIGHTING
1. Exterior residential lighting should be limited to the
standards of Section 17.54.030 of the Development Code.
V. APPLIANCES
1. All residences shall install and maintain in proper working
Resol . 92-27, Exhibit "A"
Page 13 of 16
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 and related signage shall
be the obligation of the developer. Construction shall
coincide with the project grading activity and shall be
completed upon certification of rough grading. No physical
obstructions shall be permitted or constructed within any
trail easement which may interfere with the public's ability
to use the trail for its dedicated purpose. Dedication of
the public trails shall occur at the time the final map is
recorded.
Reso l . 92-27 , Exhibit "A"
Page 14 of 16
RESOLUTION NO. 92 -27
Resol, 92 -27, Exhibit "A"
Page 15 of 16
EXHIBIT
"B"
VARIABLE FRONT
YARD SETBACKS
CONDITIONAL USE
PERMIT NO. 158
COASTAL PERMIT NO. 94
AND GRADING NO. 1436
(VESTING TENTATIVE TRACT MAP NO. 46628)
LOT
MINIMUM FRONT YARD SETBACK
1
35'
2
35'
3
35'
4
35'
5
35'
6
35'
7
35'
8
35'
9
30'
10
30'
11
25'
12
251
13
25'
14
30'
15
30'
16
30'
17
35'
18
35'
19
35'
20
35'
21
35'
22
35'
23
35'
24
35'
25
35'
26
30'
27
25'
28
30'
29
35'
30
35'
31
25'
32
30'
33
35'
34
30'
35
25'
36
35'
37
35'
38
25'
39
25'
40
30'
41
25f
Resol, 92 -27, Exhibit "A"
Page 15 of 16
LOT MINIMUM FRONT YARD SETBACK
42
25'
43
25'
44
30'
45
35'
46
35'
47
35'
48
35'
49
30'
50
35'
51
35'
52
35'
53
30'
54
30'
55
25'
56
25'
57
3 0'
58
35'
59
35'
60
35'
61
35'
62
35'
63
35'
64
30'
65
25'
66
25'
67
2 5'
68
30'
69
35'
70
35'
71
35'
72
35r
73
25'
74
25'
75
30'
76
30'
77
35'
78
35'
79
35'
Resol . 92-27, Exhibit "A"
Page 16 of 16