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CC RES 1992-050RESOLUTION NO. 92 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEALS OF CONDITIONAL USE PERMIT NO. 154, COASTAL PERMIT NO. 95, VARIANCE NO, 297, AND GRADING PERMIT NO. 1420, THEREBY APPROVING THESE APPLICATIONS FOR A RESIDENTIAL PLANNED DEVELOPMENT CONSISTING OF 10 RESIDENTIAL LOTS AND 4 AREA COMMON OPEN SPACE LOTS IN A SINGLE FAMILY DISTRICT LOCATED WITHIN THE PORTUGUESE BEND CLUB. WHEREAS, the Transamerica Realty Services, Inc. has requested approval of a Conditional Use Permit, Coastal Permit, Variance, and Grading Permit to allow a Residential Planned Development (RPD) on an 18.33 acre site located within the Portuguese Bend Club which is zoned Residential Single Family (RS-2), (RS-5), and Open Space Hazard (OH); and WHEREAS, after notice issued pursuant to the provisions of the City's Development Code, the Planning Commission held a public hearing on the environmental review of the project applications on November 12, 1991 and held public hearings on the project on November 26, 1991 and on January 14, February 11, and March 4, 1992, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, on March 19, 1992, the Planning Commission of the City of Rancho Palos Verdes adopted P.C. Resolution No. 92 -18 approving Conditional Use Permit No. 154, Coastal Permit No, 95, Variance No. 297, and Grading Permit No. 1420, to allow construction of a fourteen (14) lot (ten (10) residential lots and four (4) common areas open space lots) Residential Planned Development on 18.33 acres of vacant land located within the Portuguese Bend Club; and WHEREAS, on March 16, 1992, three (3) days prior to the Planning Commission's approval of the project, Mr. Gar Goodson, representing the "Save Our Coastline 2000" organization, submitted an appeal of the Planning Commission's approval to the City Council; and WHEREAS, on March 23, 19 9 2 , less than-fifteen (15) days after the Planning Commission's approval of the project, Mr. Lyman Lokken, representing the applicant, Transamerica Realty Services, Inc., submitted a self appeal of the Planning Commission's approval to the City Council; and WHEREAS, on March 27, 1992, less than fifteen (15) days after the Planning Commission's approval of the project, Mr. John Sharkey submitted a third appeal of the Planning Commission's approval to the City Council; and WHEREAS, after notice issued pursuant to the provisions of the City's Development Code, the City Council held a public hearing on April 21, 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, DETERMINED, AND RESOLVE AS FOLLOWS: Section 1: Pursuant to section 17.54.060 of the Development Code, the City Council, in approving the Conditional Use Permit, finds as follows: A. That the proposed Residential Planned Development (RPD) for 10 residential lots and 4 common area open space lots is permitted in single family districts, subject to the issuance of a Conditional Use Permit. B. That the proposed 18.33 acre site, located within the Portuguese Bend Club is adequate in size and configuration to allow for single family dwelling units and common area under an RPD concept and for open space private outdoor living areas, landscaping, drainage improvements, and other features required by the Development Code or by conditions imposed by this permit. C. That the proposed RPD, as conditioned, is not contrary to the General Plan since said conformance has been insured by limiting the number of dwelling units for the project and restricting the building heights for all structures to maintain view corridors of the ocean and Catalina Island across the site from Palos Verdes Drive South, along with other development standards which are included as conditions of approval for this permit subject to the approval of Vesting Tentative Tract Map No. 49067 by the City Council. D. That the RPD will locate individual driveways onto a private street (Yacht Harbor Drive) which leads to a public road (Palos Verdes Drive South), both of which are improved streets designed to carry the type and quantity of traffic generated by the project. E. That given the project's location, site design, and conditions imposed through this permit, the site is adequate to accommodate the proposed use and will not significantly adversely affect the peace, health, safety, or general welfare of the area, nor will it be materially detrimental to property values, Resolution No, 92 -50 Page 2 of 5 jeopardize, endanger, or otherwise constitute a menace to the public health, safety, and welfare of persons in the surrounding area. 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 creation of ten (10) single family residential lots and related improvements is consistent with the type of land use and density identified in the City's Coastal Specific Plan. B. That the subject use, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof and will create a project that will be sensitive and harmonious with the surrounding area. C. That the creation of the subject subdivision within the Portuguese Bend Club will maintain the private nature of that club as specified in the Coastal Specific Plan. Section 3: Pursuant to Section 17.60.020 of the Development Code, the City Council, in approving the Variance request, finds as follows: A. That there are exceptional or extraordinary circumstances or conditions approval to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district in that the property is located within the Coastal District which is restricted not only by the Development Code, but also by the Coastal Specific Plan in terms of criteria that must be met to allow development. The Coastal Setback Line (CSL) and the twenty -five (25) foot building setback from the CSL further constrain the applicant from developing the property. Although the CSL meanders through, and cuts across four of the residential lots, the entire project site has been proven to be geologically sound and feasible to accommodate the proposed project. The applicant has been limited to placing only non - habitable structures (such as garages and garden walls within the 25 foot building setback from CSL. B. That such Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district since the Coastal Setback Line acts as a constraint which further restricts improvements on Resolution No, 92 -50 Page 3 of 5 a p ortion of the subject property such as other physical aspects of other properties throughout the City limit development. In such cases . property owners have the right to submit Variance requests to allow development. C. That the granting of the Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located because the property in question has been determined to be geologically sound for the proposed development and by implementing the conditions of approval, only non - habitable structures such as garages and garden walls will be allowed within the building setback to the Coastal Setback Line, that views will be protected over and through the project site, that the - resulting structures will be compatible with the area and will be constructed according to the City's Building and Safety standards. D. That the granting of such a Variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan since the use of the lots shall be for single family residential dwelling units, common area open space and related improvements, which is compatible with the objectives, policies, programs and land use specified in the General Plan and Coastal Specific Plan. Section 4: Pursuant to Section 17.50.070 of the Development Code, the Planning Commission in approving the Grading Permit finds as follows: A. That the grading is not excessive beyond that necessary for the permitted primary residential use since the earthwork is necessary to mitigate the issue of view impairment, and, in part, is necessary to improve drainage on the site. B. That the grading and /or construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring sites since the grading will lower the pad elevations of the purposed residential lots to establish and maintain view corridors over the site of the ocean and Catalina Island. CO The nature of the grading minimizes disturbance to the natural features since no grading activity will occur in the extreme slope areas of the bluffs; the finished contours, although lower in elevation, will resemble the existing gentle contours on the site. Resolution No. 92 -50 Page 4 of 5 D. All mitigation measures as required by the Mitigated Negative Declaration are hereby incorporated in the conditions of approval for this project and are attached hereto as Exhibit "A ". Section 5: For the foregoing reasons and based on information and findings included in the Staff Reports, minutes, records of proceedings, and evidence presented at the public hearing, the City Council of the City of Rancho Palos Verdes hereby denies the appeals of Conditional Use Permit No. 154, Coastal Permit No. 95, Variance No. 297, and Grading Permit No. 1420 thereby approving these applications subject to the conditions of approval contained in the attached Exhibits "B", "C" and "D" which are necessary to protect the public health, safety, and general welfare in the area. PASSED, APPROVED, and ADOPTED this 19th day of May, 1992. ATTEST: CITY CLERK STPltE 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. 92 -50 was duly and regularly passed and adopted by the said City Council at a regular meeting held on May 19, 1992. City ClerXJ City of Rancho Palos Verdes Resolution No. 92 -50 Page 5 of 5 EXHIBIT "B" VESTING TENTATIVE TRACT MAP NO, 49067 CONDITIONS OF APPROVAL A. GENERAL 1. Within thirty ( 3 0 ) days of approval of the Vesting Tentative Map 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. The City's fee for processing a Final Map shall be paid within, six (6) months of approval of the Vesting Tentative Map. 3. All lots shall conform to minimum development standards as specified in Resolution No. 92 -18 for Conditional Use Permit No. 154 and Grading No, 1420. 4-s This approval expires twenty-four (24) months from the date of approval of this Tract Map by the City Council of the City of Rancho Palos Verdes unless the Final Map has been recorded. Extensions of up to one (1) year may be granted by the City Council, if requested prior to expiration. 5. The developer shall supply the City with one brownline and one print of the recorded Final Map. B. SUBDIVISION MAP ACT 1. Prior 'to submitting the Final Map for recording pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from all affected departments and divisions, including a clearance from the City Engineer for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc. C. COUNTY RECORDER 1. If signatures of record or title interests appear on the Vesting Map, the developer shall submit a preliminary guarantee. A final guarantee will be required at the time of filing of the Final Map with the County Recorder. If said signatures do not appear on the Vesting Tentative Map, a preliminary title report /guarantee is needed that covers the area showing all fee owners and interest holders. Resolution No.. 92 -49 & 50 Page 2 2. The account for the preliminary title report guarantee referenced in Condition C1 should remain open until the Final Map is filed with the County Recorder, D. ARCHAEOLOGY AND PALEONTOLOGY 1. A qualified archaeologist shall be present during all rough grading operations to further evaluate cultural resources on the site. If archaeological resources are found, all work in the affected area shall be temporarily suspended and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Environmental Services immediately. 2. A qualified paleontologist shall be present during all rough grading operations to further evaluate cultural resources on the site. If paleontological resources are found, all work in the affected area shall be temporarily suspended and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Environmental Services immediately. E. SEWERS 1. A bond, cash deposit, or other City approved security, shall be posted prior to the recordation of the Final Map or start of work whichever occurs first, to cover costs for construction of a sanitary sewer system, in an amount to be determined by the City Engineer. 2. Prior to approval of the Final Map, the subdivider shall submit to the Director of Environmental Services a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any and shall state that the County is willing to maintain all connections to said trunk lines. 3. Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division. 4, If, because of future grading, or for other reasons, it is found that the requirements of the Plumbing Code cannot be met on certain lots, no building permit will be issued for the construction of homes on such lots. 5. Sewer Easements are tentatively required, subject to review by the City Engineer, to determine the final locations and requirements. Resolution No.- -49 & 50 Tract Map Conditions of Approval Page 2 of 7 6. Prior to construction, the subdivider shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division. 7. The sewer system shall be designed with a stub at the terminal sewer manhole on Yacht Harbor Drive to accommodate the future use and hookup by P.M. No, 17161. F. WATER 1. There shall be filed with the City Engineer a "will serve" statement from the water purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no more than six (6) months prior to the issuance of the building permits for the first phase of construction. 2. Prior to recordation of the Final Map or prior to commencement of work whichever occurs first! the subdivider must submit a labor and materials bond in addition to either: a . An agreement and a faithful performance bond in the amount estimated by the City Engineer and guaranteeing the installation of the water system; or b. An agreement and other evidence satisfactory to the City Engineer indicating that the subdivider has entered into a contract with the servicing water utility to construct the water system, as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system. 3. There shall be filed with the City Engineer a statement from the purveyor indicating that the proposed water mains and any other required facilities will be operated by the purveyor, and that, under normal operating conditions, the system will meet the needs of the developed tract. 4. At the time the final subdivision improvement plans are submitted for checking, plans and specification for the water systems facilities shall be submitted to the City Engineer for checking and approval, and shall comply with the City Engineer's standards. Approval for filing of the land division is contingent upon approval of plans and specifications mentioned above. 5. All lots shall be served by adequately sized water system facilities which shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of Resolution No. 92349 & 50 Tract Map Conditions of Approval Page 3 of 7 sufficient size to accommodate the total domestic and fire flows required for the land division. Domestic flow requirements shall be determined by the City Engineer. Fire flow requirements shall be determined by the Los Angeles County Fire Department and evidence of approval by the Los Angeles County Fire Chief is required. 6. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to the said structures. G. DRAINAGE 1. Drainage plans and necessary support documents to comply with the following requirements must be approved prior to the recordation of the Final Map or commencement of work, whichever occurs first: a. Eliminate sheet overflow and ponding or elevate the floors of the buildings, with all openings in the foundation walls to be at least twelve inches above the finished pad grade. b. Provide drainage facilities to protect the lots from high velocity scouring action. c. Provide for contributory drainage from adjoining properties. 2. In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, telephone 435 -7741, shall be notified prior to commencement of work within any natural drainage courses affected by this project 3. All drainage swales and any other on -grade drainage facilities, including gunite, shall be of an earth tone color and shall be reviewed and approved by the Director of Environmental Services. 4. The developer shall provide a connection from the existing 24" RCP that is below Palos Verdes Drive South at Lot 14 and continue the new 24" RCP to the point that presently is shown in Lot 1, 5. The developer shall provide catch basin(s) on Yacht Harbor Drive at Lot 1, 6. The outfall of the existing 24" RCP shall be repaired and extended to the high water line as approved by the Army Corps of Engineers. Resolution No, -92-49 P 50 Tract Map Conditions of Approval Page 4 of 7 H. STREETS 1. Prior to recordation of the Final Map or commencement of work, whichever occurs first, a bond, cash deposit, or other City approved security, shall be posted to cover costs for the full improvement of the realignment of Yacht Harbor Drive and related improvements, in an amount to be determined by the Director of Public Works. 2. The proposed realignment of Yacht Harbor Drive shall be designed to the satisfaction of the Director of Public Works, pursuant to the following specifications: a. The finished realignment of Yacht Harbor Drive shall have curbs on both the north (landward) and south (seaward) sides of the street as approved by the Director of Public Works. b. Handicapped access ramps which conform to standards and specifications in Title 24 of the Uniform Building Code, to be reviewed by the Trails Committee, shall be provided at all locations where public trails intersect with streets in or adjacent to the subject development. C, Street and traffic signs, including appropriate trail signage as recommended by the Trails Committee, shall be placed at all intersections and /or corners as specified by the Director of Public Works, conform to City standards and be shown on a signage and striping plan to be attached to the street plans. d. The proposed realignment of Yacht Harbor Drive shall be designed in substantially the same alignment as shown on Vesting Tentative Tract Map No. 49067, as approved by the City Council on May 19, 1992. e. A Class II, painted bike lane north of the project along Palos Verdes Drive South shall be restriped and repaired as necessary upon the completion of rough grading. 3. The developer shall be responsible for repairs to neighboring streets (those streets to be determined by the Director of Public Works) which may be damaged during development of the tract. Prior to issuance of grading permits, the developer shall post a bond, cash deposit or City approved security, in an amount sufficient to cover the costs to repair any damage to streets and appurtenant structures as a result of this development. Resolution No.! .q ,-49 & 50 Tract Map Conditions of Approval Page 5 of 7 4. The developer shall pay traffic impact fees in an amount determined by the Director of Public Works upon acceptance of all public works improvements by the Director of Public Works I. UTILITIES 1. All utilities to and on the lots shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to the nearest trunk line at the developers expense. J. GEOLOGY 1. Prior to recordation of the Final Map or commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof, shall be posted to cover costs of grading in an amount to be determined by the City Engineer. 2. The developer shall install groundwater monitoring wells in compliance with the recommendations of the City Geologist and as approved by the City. The wells shall be installed so as to allow the placement of pumps, if, in the sole discretion of the City Geologist, future circumstances warrant pumping. Sufficient electrical power shall be provided to each well site to serve future pumps. 3. The City shall form an assessment district to maintain said monitoring /dewatering /watering wells. K. EASEMENTS 1. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication or other easements until after the final tract map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the Final Tract Map. 2. The developer shall construct a public multi- purpose easy trail (per Department of Recreation and Parks standards) parallel and adjacent to the public right -of -way along Palos Verdes Drive South adjoining Lots 11 and 12 and shall provide a bond or other money surety for said Resolution Not- 9249 & 50 Tract Map Conditions of Approval Page 6 of 7 construction in an amount to be determined by the Director of Public Works. Construction of said trail shall coincide with the project grading activity and shall be completed upon certification of rough grading. L. SURVEY MONUMENTATION 1. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof, shall be posted to cover costs to establish survey monumentation, in an amount to be determined by the City Engineer. 29 Within twenty-four (24) months from the date of filing the Final Map, the developer shall set remaining required survey monuments and center line tie points and furnish the center line tie notes to the City Engineer. 3. All lot corners shall be referenced with permanent survey markers in accordance with City Municipal Code. M. PARK DEDICATION 1. Prior to the recordation of the Final Map, the developer shall pay to the City of Rancho Palos Verdes a Quimby Act fee. The land value used to calculate the fee shall be determined through a M.A.I. appraisal prepared and provided to the City within 60 days of City approval of the project. N. RELATED APPLICATIONS 1. This approval is conditioned upon compliance with all conditions of approval for Conditional Use Permit No. 154, Grading Application No. 1420, Variance No. 297, and Coastal Permit No. 95. Resolution No.' 92-49 & 50 Tract Map Conditions of Approval Page 7 of 7 EXHIBIT "C" CONDITIONS OF APPROVAL INDEX CONDITIONAL USE PERMIT NO, 154 AND GRADING NO. 1420 VESTING TENTATIVE TRACT NO, 49067 A. DEVELOPER AGREEMENT (p. 1) B. PROJECT DESIGN REVIEW (p. 2) C. PERMIT EXPIRATION AND COMPLETION DESIGN (p. 2) D. NUMBER OF DWELLING UNITS (p. 2) E. CONSTRUCTION "PLAN" (p. 3) F. COMPLETION PER APPROVED PLANS (pp. 3 -4) G. COMMON OPEN SPACE BONDS (p. 4) H, CC&R/S (pp* 4-6) I. GRADING (pp. 6 -10) J. LANDSCAPING FOR ALL COMMON AREAS (pp. 10 -11) K. TRACT FENCING PLANS (pp. 11 -12) L. CONSTRUCTION GRADING OF INDIVIDUAL RESIDENCES (p. 12) M. DEVELOPMENT PLANS FOR CO1dSTRUCTION (pp. 12 -13) N. PRIVATE LOT OPEN SPACE (p. 13) O. SETBACKS (pp. 13 -14) P. MINIMUM OPEN SPACE (pp. 14 -15) Q. BUILDING FACADES AND ROOFLINES (pp. 15 -17) R. HEIGHTS (p. 17) S. SOLAR SYSTEM (pp. 17 -18) T. LIGHTING (p. 18) U. APPLIANCES (p. 18) V. TRAILS PLAN IMPLEMENTATION (p. 18) W. "SPECIAL RULES" (ARCHITECTURAL GUIDELINES) (pp. 18 -19) Resolution No. 2-49 & 50 Page 1 EXHIBIT "C" CONDITIONS OF APPROVAL INDEX CONDITIONAL USE PERMIT NO. 154 AND GRADING NO. 1420 (VESTING TENTATIVE TRACT NO. 49067) DEVELOPMENT OF TRACT A. DEVELOPER AGREEMENT 11 Within thirty (30) days of approval, the developer shall submit, in writing, a statement that they have read, understand, and accept all of the conditions of approval contained in this exhibit. 2. Approval of this Conditional Use Permit and Grading Permit is subject to the approval of Vesting Tentative Tract Map No. 49067 by the City Council without substantial changes or modifications hereto, including offers of dedication of land and easements, and tract development improvements. 3. The developer shall participate in a proportionate share of any City Housing Element program that is in place at the time that finish tract grading is certified. The determination of the developer's fair share shall be determined by the appropriate individual or entity, in accordance with such housing program and with appropriate appeal rights. 4. The developer shall participate in, and pay any fees required by, the City 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 i n the amount of $1250,00 for a filing f e e, and a cashier's check in the amount of $25.00 for documentary handling fee within 48 hours of City approval of this permit. The developer shall also pay any fine imposed by the Department of Fish and Game, if required. Resolution No, .92 ' 49 &- 50 C.U.P. Conditions of Approval Page 1 of 19 B. PROJECT DESIGN REVIEW 110 Prior to issuance of grading permits, a Final Tract Map and Improvement Plan shall be submitted to the Director of Environmental Services for review and approval, identifying the location of all lots, streets, and other tract improvements including drainage structures and features, building pad areas and elevations, and utility easements, as depicted on the Vesting Tentative Tract Map No. 49067 as approved by the City Council on May 19, 1992, 2. All residential development shall conform to the specific standards contained in this permit. Any request for a variance to these standards shall be done so through a major Conditional Use Permit revision. 3. Any significant changes in the development characteristics of the project, including but not limited to the number of dwelling units, street and lot configurations, or the modification of 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 such changes are made, the Director of Environmental Services shall report to the Planning Commission a determination of significance. C. PERMIT EXPIRATION AND COMPLETION DEADLINE 10 If finish grading, realignment of Yacht Harbor Drive, and construction of utilities have not been completed and accepted within two (2) years from the date of recordation of the Final Tract Map, Conditional Use Permit No. 154 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 Environmental Services and is granted by the Planning Commission. Otherwise, a new Conditional Use Permit must be approved prior to further development. D. NUMBER OF DWELLING UNITS 1. No more than ten (10) dwelling units shall be permitted. Re,so)ution No . 92 -49 & 50 C.U.P. Con ions of Approvdi Page 2 of 19 E. CONSTRUCTION "PLAN" 1. Prior to 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 be limited to: limits of grading, estimated length of time for rough grading and improvements, location of construction trailer, construction signs, and equipment storage area and location and type of temporary utilities. 2. The use of a rock crusher on the site is prohibited. 3. The hours of operation for construction and grading 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. except for the following: construction on Yacht Harbor Drive shall be prohibited on Saturdays between the months of May through October. (Yacht Harbor Drive shall remain passable at all times.) No work on -site, work on equipment or vehicles shall be permitted before or after the hours indicated. No truck queuing, delivery of construction materials or equipment, and equipment maintenance shall occur before 7:00 a.m.; flagmen shall be used during all construction activities as required by the Director of Public Works. 4. Prior to issuance of grading permits and /or building permits,.a plan and program to control and prevent dust and windblown earth problems shall be submitted to the Director of Environmental Services for review and approval. Methods may include but shall not be limited to on -site watering and vegetative planting. 5. Noncompliance with the above construction and /or grading restrictions shall be grounds to stop work immediately on the property. F. COMPLETION PER APPROVED PLANS 1. No lot shall be sold or transferred or building permits issued for any structure prior to finish grading and until the Director of Environmental Services has determined that all drainage facilities and common area and off -site improvements are completed to the exten that the lot or structure is accessible and able to support development. 2. All lots shall be rough graded concurrently in accordance with the approved grading plans. Resolution No, 92-49 & '50 C.U.P. Conditions of Approval Page 3 of 19 3. Any lot not under construction shall be irrigated and landscaped. Temporary irrigation lines may be determined acceptable by the Director of Environmental Services, 4. A bond, cash deposit, letter of credit or other City approved security to guarantee substantial vegetative cover and maintenance of all lots which have not been sold for development shall be provided by the developer. G. COMMON OPEN SPACE BONDS 1. Prior to recordation of the Final Map or commencement of work, a bond, or other City approved security shall be posted to ensure the completion of all common area improvements including: landscaping, irrigation, drainage facilities, and other site features as per approved plans. 2. A minimum of 13.8 acres of the project site shall remain as a common open space (Lots 11 -14). 3. The developer shall obtain a Parking Lot Permit from the City for any modifications to the existing parking lot located on Lot 12. H. CC &R'S 19 Prior to approval of the Final Map, copies of Covenants, Conditions and Restrictions (CC&Rfs) 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 Vesting Tentative Tract Map No, 49067. 2. All necessary legal agreements and documents, including Homeowners Association, deed restrictions, covenants, dedication of development rights, public easements for utility purposes, and proposed method of maintenance and perpetuation of open space areas, common landscape easements, 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 Map. Said CC &R's shall include but not be limited to the following provisions: C.U.P. Coric��iorisnoPf 'A�provai 0 Page 4 of 19 a. The commonly owned open space areas, including all landscaping and all on -site drainage improvements shall be preserved and maintained through the existing Homeowners Association. b. Maintenance fees for commonly owned open space areas cannot be reduced without written approval of the City. C, Identification of all materials which affect structure appearance and use restrictions, including but not limited to architectural controls, structure and roof materials, exterior finishes, walls /fences, exterior lighting, and Standards of Development of Individual Lots as contained in subsections M -V of this document (Grading, Development Plans for Construction of Individual Residences, Private Lot Open Space, Setbacks, Minimum Open Space Requirements of Individual Residences, Building Facades and Rooflines, Heights, Solar System, Lighting, and Appliances). A manual containing this information shall provided by the developer and /or Homeowner's Association to each individual landowner upon purchase of any lot or residence. d. Membership in the Homeowners Association shall be inseparable from ownership in the individual lots. e. All structures must conform to City approved building plans. f. All landscaping (including parkway trees) shall be maintained so that no trees or group of trees obstructs views from the public right -of -way or adjacent properties consistent with City Council policy regarding street trees. Further, no landscaping or accessory structure shall block or significantly obstruct solar access to any lot. g. All provisions required by the Homeowners' Association or Similar Organization of the Section 17.14 of the City's Development Code. h. All future structures, improvements, and /or landscaping shall be subject to review by the Director of Environmental Services of the City of Rancho Palos Verdes. i. Identify the presence of the public trail for multi- purpose use. Resolution No. 92-49 & 50 C.U.P. Conditions of Approval Page 5 of 19 j. Ownership and continual maintenance of the common open space areas and all on -site drainage facilities shall be vested in a Homeowner's Association, made up of owners of the residential units. A note to this effect shall be placed on the map. k. Dedicate to the City the right to prohibit construction of residential structures within commonly owned lots, landscape easements, and slopes - greater than 3:1 gradient, except that additional common facilities may be permitted subject to approval of a Conditional Use Permit from the City. 1. Exterior residential lighting shall be limited to the standards of the Environmental Protection Section 17.54.030 of the Development Code. M. Lot coverage, setback, height and private open space requirements for each residential structure as detailed in these Conditions of Approval. n. Requirements for solar installations shall conform to the Development Standards of Section 17.40 and Extreme Slope restrictions of Section 17.57 of the Development Code. 3. Within thirty (30) days following recordation of the CC &R's, the applicant shall submit a recorded copy of the document to the Director of Environmental Services. I. GRADING 1. Prior to recordation of the Final Map, 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 shall also be consistent with the Vesting Tentative Map and conditions as approved by the City. 2. Prior to recordation of the Final Map, the project geologist will review and approve the final grading plans and specifications by manual signature. Netsol � N� vi 50 C . U. P . Condi� ofpproa Page 6 of 19 3. 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 will be permitted. 4. All created slopes within the tract, including sideyard transitional slopes, shall not exceed 2:1, or fifty (50) percent . 5. All natural and created slopes greater than 3:1 shall be designated as Building and Grading Restricted Use Areas on the Final Map., 6. All proposed retaining walls to be constructed 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 Rancho Palos Verdes Development Code. 7. No grading, except for construction of the approved lots, drainage facilities and improvements, and any improvements required by the City Geologist shall be permitted in common open space Lots 11 through 14. 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 grading and construction equipment will be stored on the project site. 10, Equipment maintenance (refueling, oil changes, etc.) areas will be restricted to areas designated in consultation with the City prior to construction and grading activities. 11. All grading equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Any stationary, on -site noise sources such as compressors, generators, or power saws shall be equipped with hospital grade mufflers for engine driven sources, or shall be surrounded by a temporary plywood enclosure as a noise baffle. Resolution No. -92 -49 & 50 C.U.P. Conditions of Approval Page 7 of 19 12. Stockpiling and /or vehicle staging shall be designated on the project site and shall not be located on Yacht Harbor Drive nor on the Palos Verdes Drive South frontage road in the Seaview Tract. These stockpiling and staging areas shall be located as far as practical from existing residential dwellings. 13. The hauling route used for the export of soil material shall be submitted for review by both the Director of Environmental Services and the Director of Public Works. 14. Truck loads of exported fill material shall be covered to reduce spillage. 15. Street cleanup of exported fill material spillage shall be conducted on a regular basis at the discretion of the Director of Public Works. 16. A fugitive dust plan shall be submitted by the developer for review by the Director of Public Works and the Director of Environmental Services to address and mitigate dust generation during cleaning, grading, earth moving, or excavation and shall be controlled by regular watering, or other dust preventative measures in accordance with SCAQMD Rule 403. 17. Prior to issuance of grading permits and /or building permits, a plan and program to control and prevent dust and windblown earth problems shall be submitted to the Director of Environmental Services for review and approval. Methods may include but shall not be limited to requiring truck covers, an on -site truck wash down station, street sweeping and on -site grade watering. 18. During construction, all grading activities shall be ceased during periods of high winds (i.e.) greater than 30 mph). To assure compliance with this measure, grading activities are subject to periodic inspections by City Staff. 19. To ensure public safety and to secure the site affected by grading operations during construction, the developer shall submit a temporary fencing plan for approval to the Director of Environmental Services. Said plan shall provide fencing around the entire project construction site north (landward) of Yacht Harbor Drive. Resolution No. 92 -49 & 50 C.U.P. Conditions of Approval Page 8 of 19 20. All of the recommendations made by the City Engineer and City Geologist during their on- going review of the project shall be incorporated into the approved grading plans. 21. 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. 22. Prior to issuance of building permits, an independent Geology and /or Soils Engineer's report on the expansive properties of soils on all building sites for grading done by the developer shall be submitted by the developer to, and approved by, the City Geologist in conformance with accepted City practice. Such soils are defined by Building Code Section 2904 (b). An as graded soils and geologic report, complete with geologic map, will be submitted and reviewed prior to issuance of a building permit. 23. An as -built geological report shall be submitted for structures founded on bedrock. An as -built soils and compaction report shall be submitted for structures founded on fill as well as for all engineered fill areas. 24. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls ", and Chapter 70, "Excavation and Grading of the Uniform Building Code ". 25. Prior to issuance of building permits for Lots 1 through 10, an independent Geology and /or Soils Engineer's report on the expansive properties of soils shall be submitted by the individual property owners for their specific lot to and approved by the City Geologist in conformance with accepted City practice. Such soils are defined by Building Code Section 2904 (b). An as graded soils and geologic report, complete with geologic map, will be submitted and reviewed prior to issuance of a building permit. 26. Foundations and floor slabs cast on expansive soils will be designed in accordance with Los Angeles County Code Section 2907 -i. 27. 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. Resolution No. 92 - -49 & 50 C.U.P. Conditions of Approval Page 9 of 19 28. 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). 29. Grading activity on the site shall occur in accordance with all applicable City safety standards. 30. 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 such as with hydroseeded nurse crops containing mulch and soil stabilizer on cut slopes. J. 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 common and open space areas and for public trails. Landscape and irrigation plans shall include the following: a. A minimum of eighty percent (80 %) drought tolerant plant materials for all landscaped areas. b. Landscaping within all common areas shall be planted in such a manner so that views from adjacent properties and any public right -of -way are not affected and so that solar access to all dwelling units is protected. C, All trees selected shall be of a species which reasonably could be maintained at 16 feet. Said trees shall be maintained not to exceed 16 feet in height. Accent palm trees in excess of 16 feet in height shall be permitted at the entry Resolution No. 92-49 & 50 C.U.P. Conditions of Approval Page 10 of 19 K. to the tract and shall be properly maintained to protect neighboring views. The number and placement of said palm trees shall be reviewed by the Director.of Environmental Services. d. The reseeding and re- establishment of natural plant species for all of the disturbed common open space areas. e. Landscaping /irrigation plans as needed 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. TRACT FENCING PLANS 1. A complete project fencing plan (including proposed fence and wall details) shall be approved by the Director of Environmental Services prior to issuance of grading permits. It shall be the responsibility of the developer to install this fencing prior to sale of any lot within each workable phase. Said fencing plan shall incorporate the following: a. A decorative, maximum height six (6) foot fence which allows a minimum of 90% light and air to pass through shall be required along the northerly boundary of the project site which Resolution No. 921.49 & 50 C.U.P. Conditions of Approval Page 11 of 19 includes Lot 14 and ties into the existing fence. Any changes to this design criteria must be approved by the Director of Environmental Services. b. A decorative concrete block retaining wall not to exceed 6 feet in exposed height, shall be required along the entire length of the toe of the transitional slope at the rear of each residential lot. Undulations to follow the property lines at the rear of Lots 1 and 10 shall be allowed. c. Retaining walls on the west side of Lot 1 and the east side of Lots 9 and 10 shall not exceed a maximum exposed height of 3 feet and shall not involve a quantity in excess of 20 cubic yards unless a separate Grading application is submitted for review by the Director of Environmental Services and /or the Planning Commission. DEVELOPMENT OF INDIVIDUAL LOTS L. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 11 Only grading which is necessary for the creation of the lots (as per condition I.1), foundations, and pools has been granted. No additional grading will be permitted. 2. No construction and /or grading on individual lots shall be permitted on slopes greater than 3:1. M. 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 by individual property owner 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, landscaping, and exterior lighting plans. The plot plan shall clearly show approved 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. Resolution No, 92 -49 & 50 C.U.P. Conditions of Approval Page 12 of 19 IM 2. All private yard fencing placement shall conform with Section 17.42 of the Development Code. 3. No solid walls, chain link fencing, or hedges shall be permitted in excess of 42 inches within the front or streetside setback (as specified in the table in Section 0.1 below) of the residential lots. 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. O. SETBACKS 1. The following table identifies minimum setbacks for lower level structures on each residential lot: -------------------------------------------- - - -- I I Setbacks (yard) I ------------------------------------------ - - - - -+ I Lot # I Front I Rear I East side I West side I - �--------- �--------- F------- +------------ f--------- - - --�- 1 I I 65' I 15' I 7' I 15' I +------- --------------- ------------ +------- - - - -- I 2 I 40' I 20' I 8' I 15' I ----------------+------ +----------- +------- - - - -- I 3 I 40' I 25' I 15' I 7' I -------- --------------------------- +-------- - - -- I 4 I 30' I 30' I 8' I 14' 1 --------+-------------- -------------------- - - - -- I 5 I 301 I 301 I 15' I 7' I ----------------- i--------------------------- - - - -- I 6 I 35' I 20' I 8' I 14' I -----------------+------ +-------------------- - - -- I 7 I 30' I 15' I 15' I 7' I ----------------------------------- +------- - - - -- I 8 I 25' I 15' I 8' I 14' I +----------------------- {------------------- - - - - -+ I 9 I 25,f 1 20,F I 15' I 7' I +I -------------- ---------f------- ------------------- - - - -- 10 I 25' I 20' I 14 -28' I 14' I --------- ------- -------------------- - - -- 2. With respect to Lots 2 through 9, whenever a second story is situated over a first story garage or residence with its facade facing Yacht Harbor Drive, the second story shall be set back at least thirty (3 0 ) f eet measured perpendicularly from the front of the first story facade of the affected lot. Resolution No. 92 -49 & 50 C.U.P. Conditions of Approval Page 13 of 19 3. In the event that there are two or more first story garage or house walls which face Yacht Harbor Drive and that are at varying distances from the front yard setback (area limitation) line, the required thirty (30) foot setback for the second story shall be taken from the ground floor wall of the house or garage that is closest to the front yard setback line. Additionally, the second story shall be set back a minimum of five (5) feet from all ground floor wall facades other than that which is closest to the front yard setback line (see attached diagram in Exhibit "D ", Special Rules document, p. 16, "Articulation Diagram "). 4. With respect to Lots 2 through 9, whenever a second story is situated over a first story garage or residence with its facade facing the rear of the property (Palos Verdes Drive South), the second story shall be set back at least ten (10) feet measured perpendicularly from the rear of the first story facade of the affected lot. 5. No portion of any structure (including accessory structures) on any of the ten residential lots shall encroach into the setbacks identified in the table in Condition 0.1. Individual requests to encroach into the setback areas are subject to review and approval by the Planning Commission through an application for a minor revision to the original Conditional Use Permit. P. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES 1. Each lot shall have a minimum open space requirement of 47.5 percent of the total lot area. Driveway and parking areas (including the required courtyards), footprint of the structure (including garage and accessory structures) and any covered patios or covered walkways shall constitute lot coverage. 2. The following table represents the maximum livable floor area for all of the homes on Lots 1 through 10 (excluding the garage: Resolution No. .'921.49 & 50 C.U.P. Conditions of Approval Page 14 of 19 -- - - - - - - - -.i-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --}- I Lot # I Maximum Livable Area ---------------------------------------------- - - - - -+ I 1 I 6,000 sq. ft. ---------------------------------------------- - - - - -+ I 2 I 5,000 sq. ft. I -+--------------------------------------------- - - - - -+ I 3 I 5,000 sq. ft. -f------------------------------------------------ - - --f- I 4 I 5,000 sq. ft. I ----------------------------------------------- - - - -- 5 I 5,000 sq. ft. I ---------------------------------------------- - - - - -+ I 6 I 5,000 sq. ft. I ---------------------------------------------- - - - - -+ I 7 I 5,000 sq. ft. I ---------------------------------------------- - - - - -+ I 8 I 5,000 sq. ft. I +--------------------------------------------- - - - - -+ I 9 I 5,000 sq. ft. I +---------+----------------------------------- - - - - -+ I 10 I 6,000 sq. ft. I ----------+----------------------------------- - - - - -+ 3. In addition to the open space requirements above, the maximum square footage of livable space for the second story in each residence on Lots 2 -9 shall be limited to 2,000 square feet. Individual requests to exceed this square footage are subject to review and approval by the Planning Commission through an application for a major revision to the original Conditional Use Permit, Q. BUILDING FACADES AND ROOFLINES 1. No unbroken, vertical two story facades shall be allowed on the front and rear elevations of the residences in order to avoid solid, two story facades on any structure. With regard to Lots 1 and 10, whenever a one story residence or garage has its rear wall facing Palos Verdes Drive South, at least forty percent (40%) of the entire width of the house or garage so facing said street, shall project or be recessed at least five (5) feet from the remaining width of the house or garage. Such projection or recession may be in segments so long as the aggregate of the segments is at least forty percent (40 %) of such length and in no case shall be beyond the setback line. 2. Along the narrow (side yard) setback line of each lot, at least forty percent (40%) of the entire length of the house and garage shall project or be recessed at least five (5) feet from the remaining Resolution No. 92 -49 8 50 C.U.P. Conditions of Approval Page 15 of 19 length of the house and garage. Such projection or recession may be in segments so long as the aggregate of the segments is at least forty percent (40 %) of such length. In no event shall the house or garage extend beyond the narrow setback line. 3. In addition to condition Q.2 above, any second story must also be set back at least five (5) feet from the facade of the first floor running parallel and closest to the narrow setback line. Along the facade of the second story which is parallel to the narrow setback line, at least forty percent (40%) of the entire length of the second story shall be recessed at least two (2) feet. Such recession may be in segments so long as the aggregate of the segments is at least forty percent (40%) of such length. 4. Each lot shall contain a courtyard (a semi - enclosed outdoor area open to the sky and defined by the house walls, garages, garden walls or landscaping) for the combined purposes of pedestrian /auto circulation, outdoor open space and landscaping. The minimum size of the courtyard shall be 900 sq. ft. for each lot exclusive of the 10 -12 foot wide driveway between Yacht Harbor Drive and the edge of the courtyard that is closest to Yacht Harbor Drive. No part of the courtyard may extend into the front setback or project beyond the front face of the ground floor of the residence or garage, but may extend to within three (3) feet of the side property line. 5. In addition to the courtyard requirement in Condition Q.4, residences on Lots 1 and 10 shall incorporate a second courtyard (on the upper level of Lot 1 and on the f first f loor of Lot 10 ) as a part of the design of the residence. This courtyard shall be a minimum of 600 square feet in size and be used for outdoor open space, pedestrian circulation and /or landscaping. 6. Flat roofs and rooftop balconies are only permitted within the one story height limitation areas facing Yacht Harbor Drive and the rear property line of the affected lot. Flat roofs and rooftop balconies shall not exceed sixteen (16) feet in height (fourteen (14) feet from the upper pad of Lot 1). 7. The roof on the upper levels of each structure shall have a pitch of at least 3 and 1/2 in 12 (3.5:12) and shall not exceed a pitch of 5 in 12 (5:12) (with the exception of Lots 1,2 and 10 shall not exceed a pitch of 3 and 1/2 in 12 (3.5:12)). Resolution No. 92 -49 & 50 C.U.P. Conditions of Approval Page 16 of 19 8. On all of the residential lots the main ridge of the structure shall be parallel with the eastern and western property lines of each lot. 9. Roofing materials shall be Class A and non- combustible. R. HEIGHTS 1. Building heights for all main structures are limited as follows and shall be certified prior to issuance of final building permits: -f---------------------------------------------- - - - -- I Lot # I Pad el. I Max. ht. I Max. ridge el. I ------------------------------------------------ - - -- 1 213' 141:upper pad 227' 204' I 231:1ower pad 227' --------------------------------------------- - - - - -+ I 2 I 203' I 24' I 227' I -f---------------------------------------------- - - - -- I 3 I 203.5' I 24' I 227.5' I -------------------{--------------- +------------- - - --f- I 4 I 204' I 24' I .228' I -------------------f--------------- +----------- - - - - -+ I 5 I 204.5' I 24' I 228.5' I ------------------- f--------------------------- - - - - -+ I 6 1 205' I 24' I 229' I ----------------------------------------------- - - -- I 7 I 205.5' I 24' I 229.5' I +----------------- ---------------------------- - - - -- I 8 I 205.5' I 24' I 229.5' I -------- ----------- f--------------- ------------- - - - -- I 9 I 206' I 24' 1 230' I -------------------f---------------- f-------------- - - --f- I 10 1 215' I 16' I 231' I +--------------------------------- ------------- - - - -- 2. All heights shall be measured pursuant to View Preservation and Restoration Section 17.02.040 of the Rancho Palos Verdes Development Code. 3. Accessory structures shall not exceed twelve (12) feet in height. S. SOLAR SYSTEM 11 All dwelling units shall be designed and constructed so that the plumbing and circulation system will allow adaptation 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. Resolution No. 9_2­49 & 50 C, LT. P . Conditions of Approval Page 17 of 19 0 I U. V. LTM 2. All proposed solar installation shall be reviewed by the Director of Environmental Services and for consistency with the provisions of the Development Code. LIGHTING 1. A typical residential unit lighting plan shall be submitted to the Director of Environmental Services for review and approval prior to issuance of building permits and there shall be no direct off - site illumination from any light source. 2. Exterior residential lighting should be limited to the standards of Section 17.54.030 of the Development Code, APPLIANCES 1. Individual property owners shall be required to install and maintain in proper working order an electronic garage door opener for each garage door. 2. Individual property owners shall be required to install and maintain low water use plumbing fixtures including, but not limited to, low flow toilets and shower heads. TRAILS PLAN IMPLEMENTATION 1. Construction of the easy multi- purpose trail which will be located north of the property shall be the obligation of the developer. Construction shall coincide with the project grading activity and shall be completed upon certification of rough grading. "SPECIAL RULES" (Architectural Guidelines) 1. Prior to the issuance of any Planning approval or building permit, for an individual residence, the applicant or individual property owner shall submit to the Director of Environmental Services written approval obtained from the established P.B.C. Homeowner's Association Architectural Committee (AC) indicating the project complies with the "Special Rules" that have been adopted as conditions of approval of the project, 2. Plans for individual residences shall comply with the standards and conditions set forth in the "Special Rules Governing the Processing of Residences within Tract 4906711, attached hereto as Exhibit "D" and made a part of this approval. Requests for approval of individual residences shall Resolution No. 92,49 & 50 C.U.P. Conditions of Approval Page 18 of 19 be reviewed for compliance with said conditions and "Special Rules" by the Director of Environmental Services or by the City's Design Review Committee, if said Committee is established prior to final tract approval of public improvements. 3. Any amendment to Exhibit "D ". "Special Rules" (attached and made a part of these conditions) by the developer or individual property owner shall require the approval of the Planning Commission. Resolution No. 92.49 & 50 C.U.P. Conditions of Approval Page 19 of 19 May 19, 1992 EXHIBIT D SPECIAL RULES GOVERNING THE PROCESSING OF RESIDENCES WITHIN TRACT 49067 THE PORTUGUESE BEND CLUB RANCHO PALOS VERDES, CALIFORNIA PREPARED FOR: TRANSAIVIERICA REALTY SERVICES, INC. Resolution No, 92-49 & 50 Page i May 19, 1992 Special Rules Governing the Processing of Residences Within Tract 49067 CONTENTS: PART 1 INTRODUCTION AND DESIGN PHILOSOPHY Page 2 A brief narrative describing the philosophy and goals of the Special Rules. PART 2 DESIGN REVIEW AND APPROVAL PROCESS Page 3 An overview of the requirements and procedural steps in the process including required submittals for preliminary and final reviews. PART 3 DESIGN GUIDELINES Page 4 An overview of the aesthetic criteria by which residences will be evaluated for the character, planning, massing, color, and materials of an application. APPENDIX SECTION Representative character and detail sketches which illustrate the objectives of the design guidelines. Resoluti,on No. 9249 & 50 Portuguese Bend Club, Tract No. 49067 Page 1 May 19, 1992 PART 1 INTRODUCTION AND DESIGN PHILOSOPHY These Special Rules embody the review procedures and design guidelines which an Owner must follow in choosing to develop a residence in Tract 49067. Tract 49067 is a development of ten residential lots located within the privately guarded gate community of the Portuguese Bend Club. This tract also includes Lot 11, which is a common area lot facing Palos Verdes Drive South. Because Tract 49067 is included in the Portuguese Bend Club, it is governed both by a set of master Conditions, Covenants, and Restrictions (CC &Rs) written and recorded for the entire Portuguese Bend Club, as well as a Supplemental Declaration specific to the eleven lots comprising Tract 49067 (the latter controlling items such as maximum house size, required articulation and other technical conditions). As such, Tract 49067 is often cross - referenced as "Phase II" of the Portuguese Bend Club. Spanish Colonial Stylization The unifying character for the ten residential lots in Tract 49067 is the Spanish Colonial style. This stylization can be found on the Palos Verdes Peninsula and is the desired character for the design of Tract 49067. The Spanish Colonial style can be found at Malaga Cove in Palos Verdes Estates and in older Southern California communities such as Santa Barbara and Montecito. Residential examples demonstrate restrained use of ornament, low - pitched roofs, thick walls of stone covered by protective stucco, and deeply recessed doors and windows. Massing of the architectural forms was varied and modulated; one story to two story transitions were often treated with elements such as arcades, loggias, and exterior stairs. Roofs were generally red clay tiles of the Mission variant (half- cylinder as opposed to the Spanish "S" tile), while walls were of off -white plaster. Combined hip and gable forms were the predominant treatment of the roof. Partially enclosed patios and courtyard gardens were integrated into the planning of these residences. Fountains, exterior stairs, fireplaces, one - and -two story covered porches, and interesting paving treatments were features common to these outdoor rooms. Finally, character details included very small balconies of wrought iron or timber, wrought iron sconces, hardware, and railings, stucco, or the decorative vents, and inspired chimney tops, often with small tiled roofs. It is this character in both the architecture and the site planning, that is sought for Tract 49067. Resolution No. 92 -49 & 50 Portuguese Bend Club, Tract No. 49067 Page 2 May 19, 1992 PART 2 DESIGN REVIEW AND APPROVAL PROCESS 16 REVIEW PROCEDURES There are two steps in securing approval from the Portuguese bend Club Homeowner's Association Architectural Committee (AC) for designs of residences which Tract 49067. There are (1) the Preliminary Plan Review and (2) the Final Plan Review. The Preliminary Plan Review provides the AC with its first opportunity to review the initial design of a residence. At this stage, the AC will focus on architectural form and fundamental relationships between the residence and the surrounding neighbors within Tract 49067. Architectural design shall be consistent with the Spanish Colonial theme as explained in these Special Rules. The AC will respond in writing to the applicant's preliminary plans within sixty (60) days of submittal of a complete package. The Final Plan Review also the AC to compare the construction documents for the residence to the original approval (s) granted by the Preliminary Plan Review. The AC will respond in writing to the applicant's Final Plans within sixty (60) days of submittal. Changes which are materially different from that already approved in the Preliminary Plan Review will require resubmittal of plans and fees to the AC for approval. 2. APPROVALS Approval or disapproval by the Architectural Committee (AC) of submitted plans or materials shall be in writing and shall be mailed or delivered to the Owner or his representative ( "Applicant ") within the prescribed period of time described herein. A copy of all the decisions shall be kept by the AC. Approval by AC shall not be deemed to be approval by the City. When the AC approval has been secured for Preliminary Plans and Final Plans, it is the responsibility of the applicant to secure a building, grading, and other permits by the City or other regulatory agencies as necessary for the construction of the residence, including any other required legal filings, notices or other actions to comply with the Supplemental Declaration. Any changes required or requested by the City which have not been approved by the AC must be returned to the AC for review and final approval prior to the issuance of any construction permits by regulatory agencies. All approvals of plans by the AC shall be valid for one year from the date of approval. If construction is not started before the expiration of this period, plans must be resubmitted. Resolution No. 92 -49 & 50 Portuguese Bend Club, Tract No. 49067 Page 3 May 19, 1992 Landscape construction improvements, as approved by the AC, shall be completedwithin four ( 4 ) months from the issuance of the "Certificate of occupancy" by the City with a two (2) month time extension allowance in case of hardships that do not allow for timely completion of landscape construction. The applicant shall provide the AC with a copy of the "Certificate of Occupancy" within ten (10 ) days of issuance* 3. GENERAL SUBMITTAL REQUIREMENTS Same as City's requirements for appropriate development applications. PART 3 DESIGN GUIDELINES These Special Rules have been adopted by the Architectural Committee of the Portuguese Bend Club Homeowner's Association. Any condition, material or procedure not defined within the Supplemental Declaration and these Special Rules shall become a matter of judgement on the part of the Architectural Committee (AC)O The architectural design character of Tract 49067 shall be the Spanish Colonial theme as described in these Special Rules. SPECIAL FEATURES The character and quality of each residence will rely upon certain features that have been embraced by this development. Those features should be carefully reviewed by each applicant and be integrated into the site and house design. The most important site feature required of each Lot is the creation of a courtyard integrated with the house design. The courtyard is envisioned as not only a circulation space for pedestrians and automobiles, but also as an outdoor room capable of bringing light and air to interior spaces, serving as a stage for landscape and entertaining, and also to reduce the mass and bulk of individual residences. As an outdoor room, the treatment of the courtyard will be closely scrutinized by the Architectural Committee. The degree of integration of landscaping within the courtyard will be important to the Architectural Committee. Softening wall surfaces with landscape materials, and inclusion of fountains and decorative sconces are encouraged. Creative pavement treatments such as cobblestones, irregular paving stones, and patterned concrete are highly encouraged, while large and uninterrupted areas of concrete will be discouraged. Resolution No. 92 -49 & 50 Portuguese Bend Club, Tract No. 49067 Page 4 May .19,,:1992 To enhance the importance of the courtyard, driveways may have an alternative paving treatment. Decomposed granite, gravel, turf paver, as well as the courtyard paving materials, are encouraged for the driveways. Asphalt paving is prohibited in driveways and courtyards In Tract 49067. Architecturally, the design of each residence should modulate the wall and roof planes to avoid uninterrupted areas of plaster and tile. Special emphasis should be placed on projection and recessing walls on all faces of the residence to create strong shadows and obvious changes in wall planes. Required second story setback on the front, rear, and sides are sides are designed to reduce the apparent bulk of each residence. The desired result for each residence is an integrated design emphasizing the importance of the courtyard as a design feature of each residence. DESIGN GUIDELINES COURTYARD Lots 2, 31 41 51 61 7, 8, and 9 shall incorporate one courtyard and Lots 1 and 10 shall incorporate two (2) courtyards as required and defined by the Supplemental Declaration. The courtyards shall be treated as an integral part of the overall planning of the residence and not as an accessory for the singular purpose of vehicular turnaround. The courtyard(s) should be viewed as an outdoor room with multi - purpose uses; they may be outdoor entertaining areas, entry courts and active recreation areas. Elements such as fireplaces, fountains, and specimen plant materials are encouraged. The courtyard(s) may be physically defined by house walls, arbors, loggias, garages, garden walls, or landscaping. The courtyard(s), when used in conjunction with vehicular circulation, should provide adequate maneuvering space for automobiles. Refer to "Special Features" for courtyard pavement materials. DRIVEWAYS The special character of the Portuguese Bend Club has influenced the design of the driveways of each Lot. Driveways shall be purposely narrow to complement the rural quality of the surrounding Portuguese Bend Club. Each driveway should be treated with materials which emphasize textural qualities; several choices include turf pavers, decomposed granite, gravel, irregular stone paving, cobblestones, or patterned concrete. Re-so �ution No. 92 -49 & 50 Portuguese Bend Cu , Tract No, 49067 Page 5 May 19, 1992 All paving shall be designed with positive drainage and /or subdrainage in accordance with recommendations by the Supplemental Declaration. The paving material of the driveway may vary from that of the courtyard to enhance the physical definition of the courtyard. FENCES AND WALLS Front yard fencing, walls, and hedges must be maintained at a height of 42" or less if located outside the buildable area of the affected Lot. All fencing heights are measured vertically frame the average finished grade that the base of fence or wall. Owners may install clear tempered glass panels to overlay the tubular steel or wrought iron fencing if they are designed on the Lot owners side of.the fence. The panels should be held in place with a U- shaped frame. The top of the panel must be clear. Fencing, other than tubular steel or wrought iron fencing, must be of plaster, stucco, concrete or masonry finish material and designed in the Spanish Colonial character. Masonry, tile, or stone accents are allowed provided they are used with restraint and moderation. Fence finish colors should conform to the approved color and material choices available to the Owner as part of these Special Rules. All other fencing materials are prohibited. Pilasters of plaster, stucco, concrete, or masonry may occur in the fence at a minimum spacing of 8' on center. Accents of masonry, tile or stone are allowed as for the fence. Gates should be wrought iron or tubular steel. Existing community walls may not be modified or altered. All side yard fencing between Lots may not be constructed on a property line without the written approval of all adjacent Lot owners. Structural framing and /or unfinished sides of fences and walls may not be exposed to any street right -of -way. Vine or shrub covered fences and walls are encouraged. SPANISH COLONIAL STYLE Each residence shall be designed in the Spanish Colonial style as described in these Special Rules. Because of the adoption of this style, the Architectural Committee has set forth the following material and color standards from which each Owner may choose and integrate into the design. Resolution No. 92 -49 & 50 Portuguese Bend Club, Tract No, 49067 Page 6 May 19, 1992 EXTERIOR WALL SURFACES Smooth, sand finish, and light to heavy dash coat plaster, bumpy smooth (Santa Barbara style) and combed stucco, or smooth Mission texture plaster wall finishes are appropriate. All colors which are to be used on the exterior of buildings, fences and walls shall be selected from the following, as manufactured by the La Habra Stucco Company, 1631 W. Lincoln Avenue, Anaheim, CA 92803, in accord with it 1992 selection guide: #X -17 Misty #X -23 Aspen #X -48 Meadowbrook #X -73 Eggshell #X -86 Sandstone #79 Villa #82 Hacienda (Light Brown) Equivalent colors by other manufacturers shall be allowed. The AC maintains on file the sample guides for the colors described above. ROOFS Principal roof forms shall be hip or gable. Gambrel, mansard, or other composite roof forms are prohibited. Roof -tiles must be two piece, barrel clay tiles; "S" tiles and flat cement tiles are prohibited. All other roof materials, including fabricated solariums, are prohibited. Roof colors shall be selected from the approved color list described below. Areas of architectural features, such as pergolas and trellises, are acceptable if designed in the Spanish Colonial theme. Acceptable roof the colors are made by Maruhachi Ceramics of America, 1985 Sampson Avenue, Corona, California 91719, and are described by the manufacturer's 1992 color selection guide as follows: True Buff Natural Red Special Blend Equivalent colors by other manufacturers shall be allowed. The AC maintains on file the sample guides for the colors described above. Portuguese Bend �i_ub, o t�ract. No.4 4906 Page 7 May 19, 1992 TRIM AND COLOR ACCENTS Exterior color accents shall be of permanent materials (with the exception of awnings). Wood trim shall be painted or stained with colors selected from the following list: Paints and stains used as trim colors shall be manufactured by Frazee Paint Company, 1133 North Kraemer Boulevard, Anaheim, California 92806, as described by the manufacturer 1992 selection guide: #M405 #M408 #M417 #M608 #182 Arizona White #212 Spanish Brown #361 Saddle Brown #383 Olive Tree Equivalent colors by other manufacturers shall be allowed. The AC maintains on file with sample guides for the colors described above. Ceramic the accents are encouraged, in moderation, around window and door openings, balconies, and low wall trim. Masonry and natural stone accent materials are allowed provided that they are used with restraint and moderation. GUTTERS Gutters and downspouts are required and must be concealed or designed as continuous architectural features. Downspouts must be connected to the yard storm drain system mandated by the grading requirements of Tract 49067. CHIMNEYS Exposed metal flues and spark arrestors are not acceptable. Chimney caps must be designed to complement the major architectural elements of the house and must screen the spark arrestor. Tile roof accents and decorative openings are encouraged. SKYLIGHTS Skylights are to be designed as an integral part of the roof. Skylight glazing must be clear or solar bronze. Reflective glazing is prohibited. Skylight framing material must be anodized bronze or colored to match the roof. Natural aluminum framing is prohibited. Resolution No. 92 -49 & 50 Portuguese Bend Club, Tract No. 49067 Page 8 May 19, 1992 FLASHING AND SHEET METAL All flashing and sheet metal must be colored to match attached material. VENTS All vent stacks and pipes must be colored to match the adjacent roof or wall material. Vent stacks should be grouped on the side or rear of the roofs. Vents shall not extend above the roof ridgeline. ANTENNAS Owners may not install, or cause to be installed, any television, radio or citizen band (CB) antenna, satellite dish or other similar electronic receiving or broadcasting device on the exterior of the house, garage, accessory structure, or yard area on the subject Lot. All homes must be pre -wired for cable TV reception. SOLAR PANELS Solar panels are to be integrated into the roof design. Panels and frames must be bronze anodized or colored to match the roof. Reflective glazing panels are prohibited. Natural aluminum frames are prohibited. Solar equipment is to be screened from the view of adjacent Lots within Tract 49067, Palos Verdes Drive south, and private streets. WINDOWS, DOORS, AND GARAGE DOORS Window and door openings should be recessed on all elevations to accentuate the appearance of wall depth. Use of wood windows is highly encouraged, while the use of painted or color anodized aluminum should be minimized. Natural aluminum and clear anodized aluminum is not permitted. Actual recessed openings are highly encouraged although the appearance can be achieved through the construction of building projections (box- outs), and bay windows. All tinted glass will be subject to review by the AC. The intent of the design of garage doors is to recess individual garage doors within individual bays to create depth and shadow patterns; arbors or arcades, which act as facades to garages, are encouraged. Resolution No. 92 -49 & 50 Portuguese Bend Club, Tract No. 49067 Page 9 May 19, 1992 BALCONIES, TRELLISES, SUN SHADES, MECHANICAL EQUIPMENT STRUCTURES AND GAZEBOS All such accessory structures are to be designed in the Spanish Colonial character and shall complement the architecture of the residence. Refer to "Fences and Walls" for guidelines on railing design and materials. In addition, wood railings are allowed with a minimum of 50% penetration of light and air. Wood pilasters or posts may be used with railing in addition to pilaster materials as defined under "Fences and Walls ". Solid fences or walls are not allowed as balcony and roof deck guardrails. GAS AND ELECTRIC METERS Gas and electric meters are to be located in enclosed cabinets which are part of the architecture and in conformance with utility company standards. TRASH CONTAINERS Where trash containers are stored outside, the Lot must have a walled trash container area which is designed to be architecturally compatible with the house. The trash container must be screened from the view of both neighbors and all streets. This area cannot be within the front yard setback area. MECHANICAL EQUIPMENT All air conditioning, heating equipment and soft water tanks must be screened from view and be insulated for sound attenuation. Air conditioning units are not permitted on roofs, through exterior walls, or in windows. EXTERIOR LIGHTING All exterior lighting is to be indirect and shielded to. prevent spillover onto adjacent lots, the street, and adjacent neighborhoods. Exposed bulbs, spot lights, reflectors., "wall- packs" and lenses are prohibited. Resolution No. 92 -49 & 50 Portuguese Bend Club, Tract No, 49067 Page 10 May 19, 1992 PLANT MATERIAL The Plant Palette was selected to complete and accent the as to support the Spanish Colonial style of Tract 49067. Plant material design and selection should be made on the basis of creating a coastal character using the drought tolerant criteria established by the City of Rancho Palos Verdes. The residential landscape at the front elevations along Yacht Harbor Drive should reflect natural coastal character and not that of a manicured ornamental landscape. The front yard landscape, forward of the fence, should create continuity along Yacht Harbor Drive. Individual expression in this area should be minimized. Canopies of trees located on a lot shall not exceed the ridgeline of the house on that Lot. Accent palm trees are an exception to this guideline. Planting shall be in conformance with the approved Plant Palette found in the Supplemental Declaration as Attachment 3. Per Supplement Declaration Attachment 3, a percentage of plant material beyond that listed is allowed. The use of edible pant material and vegetable gardens are encouraged. Sensitivity to plant material that may be invasive to the Coastal Sage Scrub Community provides the basis for the "List of Prohibited Vegetation" set forth in the Supplemental Declaration as Attachment 4. Resolution No. 92 -49 & 50 Portuguese Bend Club, Tract No, 49067 Page 11 FF:pg May 19, 1992 ILLUSTRATIVE GUIDELINES FOR Portuguese Bend Club Tract 49067 The following graphics represent examples of character and detail features which are sought in the development of a custom residence in Tract 49067. Individual interpretations are encouraged within the framework of the Spanish Colonial style. Resolution No. 92 ®49 & 50 Portuguese Bend Club, Tract No. 49067 Page 12 Minimum of 5' setback from ground Boor walls` facing Yacht Harbor Drive other than those wails defined as being closest to the front yard setback line unvzway 46 -4%i' • `''• ' US, 1 ••tit. 6 a .. •.... 10 t 10 $Ift FA S SOW % loft TA esp 00 IA IAI 16 I poll 1 vC �a 1 All IV tso %10 Closest ground floor %all facing the front yard setback line #0IC of t!:c Ic ^;:h of the second floor wail s.'-,all recess a ,~:i, mu,m of A. Pr ojec:iors for chimneys and uncovered balconies ;i, ^ited in area to 45 scua. c feet arc permitted c�- Sv �a 4� C� Q�� _ A; ` tO :Jarrow side yard setback line 40% of the length of the ground floor %%alI which facts Vhz narrow side ;ard setback must re#-.= or pro }ect a minimurn of S' (in no use should the call project beyond the setback lint) NOTE: Illustra::on is diagrammatic oniv; roof slopes intentionally removed to clarify articulation. ARTICULATION D IAGR�1t1 Porrur*uesc Bend Club, Tract 49067 Resolution No. 92 -49 & 50 Page 13 Ong story mass r ._ z .,Or rl ) Side •1oadcd garage Rcccsscd fcncstrntion. —.-. I Low prdvn w�t11s Narrow drivcw -ny Snccial paving trcaimcni 1 SPA.NISH COLONI,4L CHAR4CTER SKETCH Portuguese Bcnd Club, Traci 49067 Resolution No. 92 -49 & 50 Page 14 -i �••.: — _ .•.�►�r��'r III/ .��•• Jay, 10 low 04 W16 16 -•- .r+ dL Mae '%& Nw ap dM 1p Jw- IF 4L 66 At 4e-i AV _ � , - _„� ! � - ate.: • = •i■■��' � t sa — ��: _� - - •. ®. �,► a • RPAP- • •'il , SL All ji Alz ter At jok 4r IW Ik _AOF OF ME C fillip! ' ir two- ivi I ics wii�;ir. CO"(MO. CO L * R 7-Yd'4RD AND .a R TIC L'L4 TI ON Sh E TCH Poll-111fric5c Bold C, 6 10 L 4 Resolution No. 92-49 & 50 Page 17 P- lot p- IL - r�; Now% L a f :! Fee dP* ROOM, `IF, . 00 f T i T MCI - a4l; 1, 11 Cot tit. .c f F i i t / 1 A . of a r f I • 1 i ►t •sue -7 is � - - ys _ s lip -._ WM down kit, _6-`. - E 'TERIO11 .S T 41 P 1 V A Y A ND BA L CON }'SKETCH Resolution No. 92 -49 & 50 Pd -g e 19 tr •_• _ so. op w ss° • . ° • /• • a .•,• /� ' M� • E� - � ' •fir dM- 1. GOP Im 4b MAP `ti it V1 • �"���� •� M —•— -dvp i/ —t r _ � _ �• + �� M' �� �a•a � �•~ �� ~sue+ •,` • �1 -0-0 • • •,:yam • as . '' • � f.... • • 6.006 M t sit ve dF MON dw jr7l sift air: Ow y �a 1 ;� AMP Air 0 . 00 do dip AL W, • ff -I Oo #PAL& M do. war- 40 Ilbb. *alp "ww elm so- 4P j _ 4L pit f # a j!� .77 0. lob 1114 At 49 SIP Ar a 4F ray AV J�.�• W 4PO 0� • 7r IJ 40 dp • V - L V Al j 4W *lop tti�. .�!�., • alp. fps, & m ar & I. .17 VA IV 416 Ir IWO- lomw ftmd� N b 41; 4b ft 40, e '04! • Ar 4f OR OP C ED — CONCRETE PnCr -05 :O 2•.5 r 1 50L0PE - GUT TER � - ^RG ?OSEO CLEANGUi _T R�OP PROPOSED (TYPICAL) � � WALL F�3 :=RCPOSED R00c' - r.),qAIN (TYPICAL) I "ROPDSED " oposro DRi VE WAY VA on-~ PRD.4:10SED 1 DY ✓ELL lh'G t � 1 PROPOSE D COURTYARD t c �ROFOSED �.OR11 114 PIPE .)RAIN (7 YPICAL s� ;ter --- -- �- J�Sd -r _ _-� p� PROPOSED 18" R STORM DRAIN PIPE yACHT f NA 71is sketch is diagrammatic and is shown for illustrative Purposes only; the actual design and engineering of c -3ch drainage s3Ktem should be p formed by each Owner's registered civil engineer. 71"PICALDRALVAGEPAT RM Purttizicse Bcnd Club, Trnct 49067 Resolution' No, 9249 & 50 Page 23