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
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balconies ;i, ^ited in area
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should the call project
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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
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SPA.NISH COLONI,4L CHAR4CTER SKETCH
Portuguese Bcnd Club, Traci 49067
Resolution No. 92 -49 & 50
Page 14
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Resolution No. 92-49 & 50
Page 17
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Purttizicse Bcnd Club, Trnct 49067
Resolution' No, 9249 & 50
Page 23