CC RES 1989-109RESOLUTION NO* 89 - 109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL AND THEREBY
APPROVING A SECOND REVISION TO CONDITIONAL USE
PERMIT NO* 79 FOR TENTATIVE TRACT NOS 37885*
WHEREAS, J. M. Peters Company has requested a second revision
to Conditional Use Permit No. 79 which would alter the approved
street and lot configuration and establish specific development
standards for said Residential Planned Development and would
reduce the. number of residential lots within said development from
45 to 42 and create one common open space lot and one public open
space lot; and
WHEREAS, the Planning Commission held public hearings for
this project on September 12 and August 22, 1989 and approved
Conditional Use Permit No. 79 second revision subject to
conditions.
WHEREAS, Kay and Richard Bara and the Seaview Homeowners
Association appealed the Planning Commission decision on September
27, 1989.
WHEREAS, after notice issued pursuant to the City's
Development Code, a public hearing was held on November 8 and
November 21, 1989, at which time all interested parties were given
an opportunity to be heard and present.evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS.
Section 1: That the proposed Residential Planned Development
(RPD) is permitted in single family districts, subject to the
issuance of a Conditional Use Permit,
Section 2.# That the 16.3 + acre site located at the western
terminus of Forrestal, east of Klondike Canyon, is adequate in
size and configuration to allow for forty-two ( 42 ) single-family
dwelling units, one common open space lot and-one public open
space lot under an RPD concept and for open space requirements,
private outdoor living area, landscaping, and other features
required by the Development Code or by Conditions imposed by this
permit.
Section 3: That the proposed revisions to the RPD are not
contrary to the General Plan since conformance has been . insured by
site design and landscaping requirements, which are included as
conditions of approval to this permit.
Section 4-, That the primary point of ingress/egress is
Forrestal Drive which will be improved and designed to carry both
the type and quantity of traffic generated.
Section 5. That the proposed revision to the street and lot
configuration improves the circulation on the site, provides for
uniform building pads and establishes development guidelines.
Section 6: That given the project's location, site design,
and conditions imposed through this permit, the granting of this
Conditional'Use Permit will not significantly adversely affect the
peace, health, safety, or general welfare of the area, nor will it
be materially detrimental to property values, jeopardize, endanger
or otherwise constitute a menace to the public health, safety, and
welfare of persons in the surrounding area.
Section 7: That substantial evidence has been presented that
the project will not have a significant effect on the
environment since there will be no increase in impacts resulting
from the proposed revisions.
Section 8: That the trail and land dedications are
reasonably related to the burden placed upon the community by the
development since the trail network and public open space will
provide scenic and passive recreational opportunities to the
public.
Section 9: That dedication of the public open space lot to
the City of Rancho Palos Verdes is necessary since this open space
will serve the residents of other developments and the general
public,
Section 10: For the foregoing reasons, the City Council of
the City of Rancho Palos Verdes hereby denies the appeal of a
second revision to Conditional Use Permit No. 79 for the use
described herein, thereby approving the second revision subject
to the conditions contained in Exhibit "A" which are necessary
to protect the public health, safety, and general welfare in the
area,
PASSED, APPROVED and ADOPTED this 21st day of November, 1989.
a--ott- P"'1w,4apL)
Mayor
Resolution No. 89-109
Page 2
ATTEST:
City -Clerk
S'K'ATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
ss
I, JO PURCELL, City Clerk of the City Council of the City of
Rancho Palos Verdes, hereby certify that the above Resolution No.
89 -109 was duly and regularly passed and adopted by the,, -said City
Council at a regular meeting thereof held on the271s4 day ,of
November, 1989.
fr; city clerk
City Rancho' Palos Verdes
Resolution No. 89 -109
Page 3
E X H I B I T "All
Conditional Use Permit No. 79-Second Revi-sion
The City Council hereby requires that the following conditions of
approval apply to the second revision of Conditional use Permit
No. 79.
A. DEVELOPER AGREEMENT
I Within thirty (30) days of approval, the developer shall
submit, in writing, a statement that he has read and
understands the conditions contained in this exhibit.
20 All--the conditions of approval for Tract 37885 second
revision shall apply to this approval.
Bo SITE PLAN APPROVAL.
1. A tract site plan shall be submitted to the Director of
environmental Services for review and approval,
identifying building footprints and maximum ridgeline
elevations for each residential lot within ninety (90)
days of approval of this permit,
2. A multiple use trails plans shall be submitted to the
Trails Committee for review and comment and to the
Director of Environmental Services for approval of
specific trail alignments and trail standards prior to
issuance of the grading permit. The submitted plan shall
include, but is not limited to, the easement and tread
width, average and maximum slope and construction
materials,
3. All residential development shall conform to the specific
standards contained in this permit or, if not addressed
herein, the RS-1 development standards of the Development
Code.
4. The developer shall participate in, and pay any fee
required by, any art in public places program adopted on
or before May 2, 1990 by the City Council,
C. PERMIT EXPIRATION I
1. This permit shall expire within twenty-four (24) months
from this date unless the Final Map is recorded or
extended pursuant to the Tentative Map approval.
Resolution No. 89-109
Page 4
Do NUMBER OF DWELLING UNITS AND OPEN SPACE LOTS
1. No more than 42 dwelling units shall be permitted.
2. A minimum of 300 of the acreage of the project shall
remain as a common open space lot contiguous to the 41
lots at the end of Forrestal Drive.
E. CONSTRUCTION "PLAN"
1. A construction plan shall be submitted to the Director of
Environmental Services prior to any building permits being
issued. Said plan shall include but not be limited to: a
phasing plan, estimated length of time for construction,
location of construction trailer, construction signs, and
equipment storage area and location and type of temporary
utilities,
2. The hours of operation for construction shall be limited
from Monday to Friday, 79.00 a.m. to 7. *00 p.m. and Saturday
7:00 a.m. to 5:00 p.m.
3. Noncompliance with the above construction restrictions
shall be grounds to stop work immediately on the property.
F. COMPLETION DEADLINE
1. If construction has not been completed to the point of
foundation inspection for twenty percent of the units
within two (2) years from the date of recordation of the
Final Tract Map, the Conditional Use Permit shall expire
and be of no further effect, unless, prior to expiration,
a written request for extension is filed with the
Department of Environmental Services and granted by the
Planning Commission. Otherwise, a new Conditional Use
Permit must be approved prior to further development.
Go COMPLETION PER APPROVED PLANS
1. No occupancy permit shall be granted for any structure nor
shall any parcels, lots or portion of the site be sold or
encumbered (close of escrow), until approval by the
Director of Environmental, Services upon the finding that
all of the common area and off-site improvements in the
workable phase of which such structure, parcel, lot or
portion is part, are completed to the extent that the
dwelling units are accessible and all dwelling units in
the workable phase are substantially developed (all
building walls wrapped), as per the approved plans. All
lots in a workable phase shall be developed concurrently.
2. The developer shall designate appropriate workable phases
(portions of the development to include adjoining clusters
of dwelling units, their streets of access and supportive
Resolution No. 89-109
Page 5
H.
off-site improvements), and they shall be approved by the
Director of Environmental Services and Public Works
Director,
3. Any phase not under construction shall be completely
irrigated and landscaped.
4. A bond, cash deposit, letter of credit or other City
approved security to guarantee substantial completion of
all dwelling units, may be accepted by the City in lieu of
substantial completion.
5. The present applicant shall develop all lots within the
cluster development (lots 1-41). No development or
building by other persons or entities shall be permitted
on the lots without approval of a major revision to the
Conditional Use Permit by the Planning Commission.
6. Lot 42 shall not be further divided without a major
revision to the Conditional Use Permit. A note to this
effect shall be placed on the final map.
CC&R'S
1. Prior to approval of the final map, copies of Covenants,
Conditions and Restrictions (CC&R's) shall be submitted to
the Director of Environmental Services and City Attorney
for approval. Said CC & R's shall reflect standards
provided in Chapter 17.14 (Homeowners Association) of the
Development Code, including those items identified in
Conditional Use Permit No. 79 Revision and any applicable
conditions of Tentative Tract Map No. 37885 Revision.
2* Lot 42, located at the end of Coolheights Drive, shall be
excluded from membership in the Homeowners' Association
and the responsibilities thereof. A note to this effect
shall be included on the Final Map and in the CC&R's. The
developer shall petition the Mediterranean Homeowners
Association for inclusion of Lot 42 into their
association,
3. All necessary legal agreements and documents, including
Homeowners Association, deed restrictions, covenants,
dedication of development rights, public easements, and
proposed method of maintenance and perpetuation of open
spaced areas and common landscape easements, 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.
a. The commonly owned open space areas, including
drainage swales, shall be preserved and maintained
through the establishment of a Homeowners'
Resolution No. 89-109
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Association,
b. Slopes between lots shall not exceed 2:1.
CIO Maintenance fees for said areas cannot be reduced
without written approval of the City,
d9 Identification of all 'materials which affect structure
appearance and use of all materials which affect
structure appearance and use restrictions, including
but not limited to roof materials exterior finishes,
walls/fences, and lighting..
e* Membership in the Homeowners' Association shall be
.inseparable from ownership in the individual lots,
except for Lot 42 as noted in Condition H2.
f. All structures must conform to City approved building
plans.
g. All common area landscaping (including parkway trees)
shall be maintained so that no trees or group of trees
obstructs views from adjacent properties within or
outside of the development consistent with City
Council ' policy regarding street trees. Further, no
landscaping or accessory structure shall block or
significantly obstruct solar access to any lot,
h. All provisions required by Section 17.14 of the City's
Development Code,
i. All future structures., improvements, and/or
landscaping shall be subject to review by the Director
of environmental Services,
j. Identify the presence of all public trail easements
for multi-purpose use* The CC&R's shall also prohibit
structures, accessory structures, fences, walls,
hedges, landscaping of any other such obstacle within
said easements without the written approval from the
City Council of the City of Rancho Palos Verdes,
k. Ownership of the common open space areas and
facilities shall be vested in a Homeowners
Association, made up of owners of the residential
units. All landscaping and related maintenance within
the tract, shall be maintained by the Homeowners
Association through the establishment of an assessment
district. A note to this effect shall be placed on
the map.
1. Dedicate to the City the right to prohibit
construction of residential structures within the
commonly owned lot, except that additional common
Resolution No. 89-109
Page 7
facilities may be permitted subject to approval of a
Conditional Use Permit from the City.
M. Exterior residential lighting should be limited to the
standards of Section 17.54.030 of the Development
Code,
n. Lot coverage, setback, height and private open space
requirements.
0. Requirements for solar installations shall conform to
the standards of Section 17.40 and 17.57 of the
Development Code.
p. Include a statement that lights may be installed on
the playing fields at the Portuguese Bend Fields at
some time in the future.
4. Following recordation of the CC&R's, the applicant shall
submit a recorded copy of the document to the Director of
Environmental Services.
I. COMMON AND PUBLIC OPEN.SPACEBONDS
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, and other
site ' features as- per approved plans, as well as all public
trails, whether located in the common area or in the
public open space,
J. GRADING
1. Prior to approval of the Final Map, the developer shall
submit a grading permit for the development of the tract
(including but not limited to grading for streets, lots
and trails) and to remove any geologic hazard on the
property as determined by the City Geologist,
2. The grading quantities specified in the grading permit for
the development of the streets and lots shall be in
substantial compliance with the cut and fill quantities
presented to the.Planning Commission as part of the
revision.requesto
3. All created slopes within the tract shall not exceed 2.1y
with the exception of Lot 42 where all created slopes
shall not exceed 3,01.
4. All natural and created slopes greater than 3,#1 shall be
designated as restricted use areas on the Final Map.
5. The following retaining walls may be installed on Lots 1
Resolution No. 89-109
Page 8
through 41:
a.. A maximum of one (1) upslope retaining wall in the
rear yard not to exceed five (5) in exposed height,
b. A maximum of one (1) retaining wall in each side yard
not to exceed three (3) feet six (6) inches in exposed
height.
C. Any other retaining walls shall be subject to the
review and approval of the Director of Environmental
Services.
6. All retaining walls on Lot 42 shall comply with Code
requirements.
7. Any retaining wall along the north side of Forrestal Drive
shall be subject to the review and approval of the
Director of Public Works.
K. PRIVATE LOT OPEN SPACE
1. Each residential lot :shall provide not less than four
hundred (400) square feet of private, on-site open space
per each bedroom.
Lo SETBACKS
1. All structures on an individual lot (Lots 1 - 41) shall
meet the following setback requirements.
Property Line Setback
20' minimum setback to the
residence and/or garage.,
10' minimum on one side.
25' minimum total for both sides.
RS-1
Street Side............ 15' minimum
15' minimum setback to residence,
where the front setback is greater
than 20',, otherwise a 20' minimum
rear yard setback is required,
*A minimum of 1/3 of the residences shall-have a varied
front setback between 20' and-30' with an-average no less
than 25'. These residences shall be distributed
throughout the tract,
Resolution No. 89-109
Page 9
2. Any structure constructed on Lot 42 shall conform to the
RS -1 setback requirements.
M. BUILDING FACADES
1. The front and rear building
order to avoid a solid, two
story shall be at least 20%
The second story open space
roof areas. Balconies are
not be considered as second
N. MAXIMUM LIVEABLE AREA
planes shall be articulated in
story facade. The second
smaller than the first story.
may only be used as pitched
not prohibited, but they shall
story open space.
On Lots 1 - 41 the maximum liveable area, excluding garages,
shall be limited to 4,300 square feet. A-maximum of 14 lots
may be developed with a maximum of 5,000 square feet of
liveable area. These larger homes shall be placed only on
lots larger than 11,000 square feet and shall be distributed
throughout the tract.
O. LOT COVERAGE
1. Primary building lot coverage which consists of driveway,
garage, main building structures and attached accessory
structures shall not exceed 35% of the lot area. Any
concrete patio slabs or landings and detached accessory
structures, such as pools, decks, patios or gazebos shall
not exceed an addition 150 of the lot area.
2. Any structures constructed on Lot 42 shall conform to the
RS -1 open space requirements.
P. BUILDING HEIGHT
1. Lots 1 - 41 shall be limited to a maximum of 26 feet in
height measured from the lowest grade adjacent to the
residence-to the highest ridgeline as approved through
this CUP approval.
2. Lot 42 shall be limited to 16 feet in height, unless the
Director of Environmental Services grants a Height
Variation pursuant to Development Code Section 17.02.040
effective on the date the application is submitted.
Q. LANDSCAPING
1. The developer shall submit a final landscape plan prior to
Resolution No. 89 -109
Page 10
issuance of building permits which shall include the
following.
a.. Drought tolerant plant material as an integral part of
the plan.
be The re-seeding and re-establishment of native plant
species for all of the disturbed common open space
areas.
co Dense, fire retardant landscaping with irrigation
within fifty ( 5 0 ) feet of the west side property line
of Lot 1 and from the rear property lines of Lots 15-
29. Such landscaping in this area shall be maintained
by the Homeowners Association*
d. other private rear yard or side yard transitional
slopes, shall be landscaped and irrigation installed
by the developer. Maintenance responsibility of these
other slopes areas shall be that of the private
homeowner,
e. The landscaped entries shall meet the intersection
visibility triangle standards under Section 17.42.060
of the Development Code.
f. Proposed parkway trees shall be of a small canopy
type.
ge A City landscape covenant to maintain property to
protect views shall be recorded for each private lot
prior to final building inspection of the residence.
Re ARCHITECTURAL CONTROLS
1. Prior to approval of any building plans, the developer
shall submit to the Director of Environmental Services
for approval a list of architectural elements which
shall include but not be limited to roof materials,
exterior finishes, walls/fences, lighting and
landscaping. Building materials and colors shall be
natural and compatible with the area.
2. There shall be no standard repetition or discernable
pattern in the placement of the models on the lots or
in the use of exterior.architectural facades.
3. Roofing materials shall be Class A and non-
combustible.
So SOLAR SYSTEM
1. The developer shall install in each dwelling unit a
plumbing and circulating system that will allow future
Resolution No. 89-109
Page 11
utill''zation'of solar energy as part of the hybrid
system for providing hot water. Future solar panels
shall not exceed the ridgeline of the structure upon
which they are placed,,
2. The proposed solar installation shall be reviewed by
the Director of Environmental Services and for
consistency with the provisions of the Development
Code.
1. A complete project fencing plan (including public
trails) shall be approved by the Director of
Environmental Services prior to issuance of building
permits. It shall be the responsibility of the
developer to install this fencing prior to issuance of
Certificates of occupancy for each workable phase.
Such fencing plan shall include sideyard and rear yard
fencing on all lots.
2. No solid walls or hedges shall be permitted within the
front yard setback of the residential lots (Lots 1 -
41). Only fences which allow 90% light and air to
pass through to a maximum height of 42" shall be
permitted.
Us LIGHTING
1. Downcast, sodium vapor (or equivalent) streetlights
shall be installed by the developer at street
intersections and at a maximum of two locations along
Forrestal Drive within the Tract. Said streetlight
standards shall be shown on the required landscape/
irrigation plans and shall be subject to review and
approval by the Public Works Director and Southern
California Edison Company. All main ' tenance costs of
said streetlights shall be borne by the Homeowners'
Association. This responsibility shall be dully
recorded in the CC&R's.
2. 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.
30 *Exterior lighting wattage shall be consistent with
Section 17.54.030 of the Development Code.
V. GARAGE DOOR OPENER
is All units shall be required to have and maintain in
proper working order an electronic garage door opener
Resolution No. 89-109
Page 12
for each garage door.
W. UTILITIES
All utilities shall be placed underground in accordance
with a plan approved by the Director of Environmental
Services. Utilities to be underground include, but are
not limited to electrical, telephone, and Cable TV. The
Cable TV distribution system shall be connected to the
nearest trunk and cable drops are to be supplied from the
street to the house. Houses shall be prewired for cable
and the cable system shall be activated. Equipment to be
installed shall meet specification of cable f ranchisee(s).
X. TRAILS PLAN IMPLEMENTATION
Construction of the public trails shall be the obligation
of the developer. Construction shall coincide with the
project grading activity and shall be completed upon
certification of rough grading. Dedication of the public
trails shall occur at the time the final map is recorded.
Resolution No. 89 -109
Page 13