CC RES 1989-041RESOLUTION NO. 89 -41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING CONDITIONAL
USE PERMIT NO. 130 AND GRADING APPLITCATION
N0. 1061 FOR A RESIDENTIAL PLANNED DEVELOPMENT
CONSISTING OF 43 RESIDENTIAL LOTS AND 7 OPEN
SPACE LOTS IN A SINGLE FAMILY RESIDENTIAL
DISTRICT ALONG THE 6500 BLOCK OF PALOS VERDES
DRIVE SOUTH.
WHEREAS, WATT PALOS VERDES, INC., has requested a Conditional
Use Permit to allow a Residential Planned Development (RPD) on a
63.85 acre site located along the 6500 block of Palos Verdes Drive
South, which is zoned Residential Single Family (RS -1) and (RS -2)
and Open Space Hazard (OH); and
WHEREAS, after notice issued pursuant to the provisions of
the City's Development Code the Planning Commission has held
public hearings on July 26, August 9 and 23, September 13 and 27,
1988 at,which time all interested parties were given an
opportunity to be heard and to present evidence; and
WHEREAS, the Planning Commission conditionally approved
Conditional Use Permit No. 130 and Grading Application No. 1061
on October 11, 1988 and the applicant appealed that action to the
City Council on October 21, 1988 contesting conditions of approval
relating to the number of lots, lot coverage,_ setbacks, trails and
dedication of-land and park fees; and
WHEREAS, after notice pursuant to the provisions of the
City's Development Code, the City Council conducted public
hearings on November 1, November 15 and December 15, 1988, and
January 10, January 17, January 31, March 7, April 10 and April
18`;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 .1l: That the proposed- Residential Planned Development
(RPD) is permitted in single family districts, subject to the
issuance of a Conditional Use Permit for 43 residential lots and 7
Open Space lots.
Section 2: That the proposed 63.85 acre site, located on
Palos Verdes Drive South, 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, and other features required by the Development Code
or by conditions imposed by this permit.
Section 3: That the proposed RPD, as conditioned, is not
contrary to the .General Plan since said conformance has been
insured by site design and landscaping requirements, which are
included as conditions. of approval forthis permit and Tentative
Tract Map No. 45667,
Section 4: That the RPD will locate individual driveways on
public streets that are designed to carry both the type and the
quantity of traffic generated.
Section 5 That given the project's location, site design,
and conditions imposed through the conditions of,approval of 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, Jeopardize, endanger or otherwise
constitute a menace to,the.public health, safety,, and welfare of
persons in the surrounding area.
Section 69, That the grading is not excessive beyond that
necessary for the permitted primary residential use because only
21.5 acres, or about one-third of the site, will be graded.
Section 7-1: That the grading and/or construction does not
significantly adversely affect the visual relationships with, nor
the views from neighboring sites,
Section 8: That the nature of the grading minimizes
disturbance to the natural features and finished contours are
reasonably natural..
Section 9: That the,subject use, as conditioned, mitigates
or reduces significant adverse effects to adjacent properties or
the permitted uses thereof. Further, the City Council does hereby
declare that the EIR was certified,,per Resolution No. 89-39 in
compliance with City and State guidelines and that the City
Council has reviewed and considered the contents of the EIR in
reaching its decision. The City Council further adopts and
incorporates by reference the environmental findings and statement
of overriding : considerations set forth in Resolution No. 89-39,
Section 10.* For the foregoing reasons, the City Council of
the City of Rancho Palos Verdes hereby affirms the approval of
Conditional Use Permit No. 130 and Grading No. 1061 subject to
the conditions in attached Exhibit "Altl said conditions being
necessary for the protection of the public health,, safety, and
welfare,
Resolution 89-41
Page 2
PASSED, APPROVED and ADOPTED on May 2, 1989.
MAYOR
ATTEST:
Cit# Clerk
SrrATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF RANCHO PALOS VERDES }
I, JO PURCELL, City Clerk of the City Council of the City of
Rancho Palos Verdes, hereby certify that the above Resolution No.
89 -41 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 2nd day of May,
1989.
�irx I:LLrKK
CITYYOF RANCHO PALOS VERDES
Resolution 89 -41
Pa -e 3
EXHIBIT "All
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO* 130 AND GRADING NO* 1061
A. DEVELOPER AGREEMENT
19 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.
B* SITE PLAN APPROVAL
10 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 multi-purpose trails plans shall be submitted to the
Trails Committee for review and comment and the Director
of Environmental Services for approval of specific trail
alignments and trail standards within ninety (90) days
of approval of this permit.
3e 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
10 This permit shall expire within twenty-four (24) months
from this date unless building permits have been applied
for and are being diligently pursued.
D. NUMBER OF DWELLING UNITS
1* No more than 43 dwelling units shall be permitted.
2* Lots 12, 13, 17, and 43, as depicted on the tentative
tract map, shall be deleted to minimize the quantity of
grading on the site and to promote safe site ingress and
egress to driveways by minimizing these instances where
driveways enter upon street section with a 15% slope.
EXHIBIT "A" Resolution 89-41
Page 4
E.
FS
CONSTRUCTION "PLAN"
1* A construction plan shall be submitted to the Director
of Environmental Services prior to any grading permits
being issued. Said plan shall include but not be
limited to,* a phasing plan, 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* If a rock crusher is to be used, a Special Use Permit
shall be applied for pursuant to the procedures
specified in the Development Code.
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. No truck queuing shall occur before 7:00
a.m.; flagmen shall be used during all construction
activities as required by the Director of Public Works.
4. All haul trucks shall be covered and hosed down in a
location on-site prior to exiting the property. The
requirement for covering shall not apply if an approved
deposit site is located within 2 miles of the project,
5* The haul route for trucks, type and size of trucks, and
the traffic control plan for this development shall be
approved by the Director of Public Works prior to any
export operation. Any modification to the above
restrictions must be initiated by the Director of
Environmental Services or Director of Public Works and
approved by the City Manager as deemed appropriate,,
6,9 Noncompliance with the above construction restrictions
shall be grounds to stop work immediately on the
property.
COMPLETION DEADLINE
1.0 If construction has not been completed to the point of
foundation inspection for a unit 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.
EXHBIT "A" Resolution 89-41
Page 5
G. 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
t,he'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 ,wo.rkable 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
phase -portions of the development, to-include adjoining
s
clusters of dwelling units, their streets of access and
supportive 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.,
Ce 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.
H 9 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&Rls shall reflect
standards provided in Chapter 17.14 (Homeowners
Association) of the Development Code, including those
items identified in Conditional Use Permit No. 130 and
any applicable conditions of Tentative Tract Map
No. 45667.
2. 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,
EXHIBIT "A" Resolution 89-41
Page 6
a. The commonly owned open space areas, including
drainage swales, shall be preserved and maintained
through the establishment of a Homeowners
Association.
b. The 50 foot rear yard landscape easement shall be
maintained by the,.Homeowners Association*
C* Maintenance fees for said areas cannot be reduced
without written approval of the City*
d. Identification 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.
f. All structures must conform to City approved
building plans.
g. All landscaping (including parkway trees) shall be
maintained so that. no .trees ' or group of,trees
obstructs views from adjacentl.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.
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&Rls 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,
ko Ownership and continual maintenance of the common
open space areas (except for any public trails) and
facilities shall be vested in a Homeowners
Association,:made up of owners of the residential
units. A note to this effect shall be placed on the
map*
10 Dedicate to the City the right to prohibit
construction of residential structures'within
EXHIBIT "A" Resolution 89-41
Page 7
commonly owned lots, and landscape easements, except
that additional common facilities may be permitted
subject to approval of a Conditional Use Permit from
the City.
me Exterior residential dential lighting should be limited to
the standards of Section 17.54.030 of the
Development Code.
no Lot coverage, setback, height and private open space
requirements*
'00 Requirements for solar installations -shall conform
to the standards of Section 17.40 and 17.57 of the
Development Code.
3* 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 OPEN SPACE BONDS
1. Prior to recordation of the Final Map or commencement of
work--a bond, or other City approved-security, shall be
Tosted to ensure the completion of all common area
improvements including.* landscaping, irrigation, public
trails and other site features as per approved plans.
J. TRAFFIC/CIRCULATION
A "STOP AHEAD" sign shall be posted on "C" Street about
300 feet before the approach line at Palos Verdes Drive.
2. A "STOP,11 sign shall be posted sted on "C" Street at the Palos
Verdes Drive approach as well as a stop line and "STOP"
pavement marking .
3. Parking shall be prohibited on both sides of "A" and "C"
streets 'for- about -30O.fe.et north 'of'Palo Palos Verdes Drive
40 STOP signs, STOP pave'ment -harkings'and stop lines shall
p
be posted- on "B"_ street 'approaching `_"A" 'Street.
5. Driveways to corner lots 1, 43 (deleted) and 44 would be
best located as follows,
a. Lot I at the west end of its "A" street frontage
(next to Lot 2).
be Lot 4:3 Udeleted) -at the' north 'end of its "B" street
frontage (next to-Lot 42Y;
co Lot 44 at east end "C" street 'frontag I e, next to the
property line;
EXHIBIT "A" Resolution 89-41
Page 8
K.
6. Driveways shall be avoided on "B" street between "C" and
"A" streets.
7. Those lots that front on street grades of 15% shall have
indirect access driveways and garages.
8. All final traffic improvements shall be at the direction
of the Director of Public Works*
GRADING
1. Export of earth and rock shall be limited to 250,000
cubic yards.
2. No grading, except for multi-purpose trails, shall be
allowed in open space lots 52 and 530
3. No more than one (1) retaining wall, not to exceed 3' 6",
shall be permitted on each private sideyard. Parallel
side yard retaining walls on adjacent properties shall be
no closer than 3 feet to each other.
4. No more than one (1) 6 foot maximum, upslope retaining
.wall shall be permitted outside of the required rear
setback for all upsloping lots. As an alternative,
multiple upslope retaining walls, at least 3 feet apart,
may be permitted with a total combined height not to
exceed 8 feet,
5. All graded slopes shall be rounded. Slope gradients
shall be natural and no abrupt changes between natural
and graded slopes will be permitted* The recontouring of
slopes in Open Space Lots 48-51 and 54 shall not exceed
3:1. Sideyard on-site transition slopes shall not exceed
2:1. All other slopes in the subdivision shall not
exceed 3:1.
6. Prior to recordation of the final map or prior to
commencement of work whichever occurs first, a bond, cash
deposit, or other City approved security, shall be posted
to cover the costs of grading in an amount to be
determined by the City Engineer.
7. 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 tentative map and conditions as
approved by the City.
EXHIBIT "A" Resolution 89-41
Page 9
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
for a designated staff member) shall inspect the graded
sites for accuracy of pad elevations, created slope
gradients, and pad size. The developer shall provide
independent certification for all grading related
matters.
9. Grading shall conform to Chapter 29, "Excavations,
Foundations, and Retaining Walls", and Chapter 70,
"Excavation and Grading of the Uniform Building Code".
10. 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.
Non-compliance with any of the above grading restrictions
shall be grounds to stop work immediately.
11. Prior to recordation of the Final Map, written approval
must be obtained from the owners of properties within the
City for which off-site grading is proposed or may
result,
L. PRIVATE LOT OPEN SPACE
1. Each residential lot
hundred (400) square
per each bedroom.
M. SETBACKS
shall provide not less than four
feet of private, on-site open space
1. All structures on an individual lot shall meet the
following setback requirements;
Property, Line
Setback
Front ................20' setback to residence
20' setback to direct access garage
15' setback to indirect access
garage
Side .................10' minimum on one side
251 minimum total for both sides
Rear .................50' setback for Lots 7-43
(lots 12, 13, 17 and 43 deleted)
201 setback for Lots 1-6
and 44-47
Resolution 89-41
Page 10
N.
O.
Pe
R.
2. All property lines abutting a street shall be considered
front property lines for the purpose of measuring
required setbacks.
3,. No fences, retaining walls, minor structures or grading
is permitted with the 50 foot landscape easement on Lots
7-12 (lot 12 deleted) and 21-43 (lot 43 deleted).
MAXIMUM BUILDING SIZE I
1. Each residence shall not exceed a maximum 4,300 square
feet of liveable area, excluding garages and detached
accessory structures,
BUILDING FACADES
W
1. No unbroken, vertical two story facades shall be allowed
on the front and rear elevations of the residences. The
upper level shall be set back from the lower level a
minimum distance of six (6) feet. The setback may only
be used as a roof area or an uncovered deck or balcony.
GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES
1. Remedial grading, consisting of over-excavation and
recompaction for geologic stability which will not alter
the contours shown on the approved tract grading plan
shall be reviewed and approved by the Director of
Environmental Services. In addition, grading up to 2,000
cubic yards for primary and secondary use of an
individual lot shall be reviewed and approved by the
Director of Environmental Services*
LOT COVERAGE
1. Primary building lot coverage which consists of driveway,
garage, main building footprint and attached concrete
patio slabs or landings and enclosed accessory structures
shall not exceed 35% of the lot area.
2. Other accessory improvements or structures, such as
pools, spas, detached patios or gazebos, may exceed this
initial 35% lot coverage by no more than an additional
15% of total lot area so that the total improvement
coverage shall not exceed 50% of total lot area.
HEIGHTS
1. All heights shall be measured pursuant to Section
17.02.040 of the Rancho Palos Verdes Development Code.
2. Except for lots 1-5 and 44-47, the upslope height of all
Resolution 89-41
Page 11
sixteen (16) feet. The downslope height of all
residential structures shall be limited to a maximum of
thirty ( 30) feet.
3. Lots 1 -5 and 44--47 shall be limited to a maximum upslope
height of sixteen (16) feet and to a maximum downslope
height of twenty --four ( 24 ) feet.
4. Accessory structures shall not exceed twelve (12) feet.
S. LANDSCAPING
1. The developer shall submit a final landscape plan prior
to issuance of building permits which shall include the
following:
a. Drought tolerant plan material as an integral part of
the plan.
b. The reseeding and re- establishment of natural plant
species for all of the disturbed common open space
areas*
C* Dense, fire retardant landscaping with irrigation
within the fifty ( 50 ) foot rear yard setback of Lots
7 -12 (lot 12 deleted) and 21--47 ( lot 43 deleted) and
along the property lines of all other lots adjacent
to open space lots. 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 sloped 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.
T. ARCHITECTURAL CONTROLS
1. Architectural styles shall substantially conform to the
conceptual architectural elevations as presented to the
Planning commission titled watt Palos Verdes, Inc. and
Tentative Tract Map No. 45667 received dated July 13,
1988.
2. 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
EXHIBIT "A" Resolution 89 -41
Page 12
include but not be limited to roof materials, exterior
finishes, walls/fences, lighting and landscaping.
3. 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.,
4. Roofing materials shall be Class A and non-combustible.
U. SOLAR SYSTEM
1. The developer shall install in each dwelling unit a
plumbing and 'circulating system that will allow future
utilization 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.
V. FENCING
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. A decorative, 90% light and air fence shall be required
along the rear of all downsloping lots or lots adjacent
to Palos Verdes Drive South. Such fence design shall
include a 3 foot minimum high solid base. Any change to
this design criteria must be approved by the Planning
Commission.
3. No private yard fencing shall extend closer than 20 feet
to Palos Verdes Drive South. All private yard fencing
placement shall conform with Section 17.42 of the
Development Code.
WO 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 lighting wattage shall be consistent with
EXHIBIT "A" Resolution 89-41
Page 13
Section 17.54.030 of the Development Code.
X. GARAGE DOOR OPENER
1. All units shall he required to have and maintain in
proper working order an electronic garage door opener for
each garage door.
EXHIBIT "A" Resolution 89 -41
Page 14