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PC RES 1980-008RESOLUTION P.C. NO. 80-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING A CONDITIONAL USE PERMIT FOR A RESIDENTIAL PLANNED DEVELOPMENT IN A SINGLE FAMILY RESIDENTIAL DISTRICT WHEREAS, Calwah Development Corporation has requested a conditional use per- mit to allow a Residential Planned Development (RPD) on a 15.19 acre site located on Palos Verdes Drive South at Seahill Drive, which is zoned Residential Single Family (RS -4); and WHEREAS, after notice, issued pursuant to the provisions of the City's De- velopment Code, public hearings were held on December 11, 1979, February 12, April 7, April 22, and May 13, 1980, at which times all interested parties were given an opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION 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 per- mitted in single family districts, subject to the issuance of a conditional use permit. Section 2: That the 15.19 acre site located on Palos Verdes Drive South is adequate in size and configuration to allow for 60 attached single family dwel- ling units under an RPD concept and for open space requirements, private outdoor living areas, landscaping, recreation facilities, and other features required by the Development Code or by conditions imposed by this permit. V Section 3: That the proposed RPD 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 to this permit. Section 4: That the RPD will locate its primary points of ingress/egress on Seahill Drive, Seawolf Drive, and Beachview Drive which are or will be improved and 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 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 wel- fare of persons in the surrounding area. Section 6: That the Planning Commission does hereby declare that the final Negative Declaration has been completed in compliance with State and local guide- lines and that the Commission has reviewed and considered the contents of the Initial Study in reaching its decision. The Planning Commission further finds that the approval of this conditional use permit will not result in a significant adverse environmental impact, since mitigation measures are required. Section 7: For the foregoing reasons, the Planning Commission of the -City of Rancho Palos Verdes hereby grants Conditional Use Permit No. 51 for the use described herein, subject to the conditions contained in Exhibit "A", which are necessary to protect the public health, safety, and general welfare in the area. APPROVED and ADOPTED this 27th day of May , 1980. GaV_y_WeT3ef\ Acting — - DirectorPlanning and SecretarV% the Commission EXHIBIT "A" CONDITIONAL USE PERMIT NO. 51 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No more than sixty (60) attached dwelling units shall be permitted. 2. No occupancy permit shall be granted for any structure and no parcels, lots or portion of the site shall be separately sold (close of escrow) or encum- bered, until approval of the Director of Planning, upon and finding that all of the common area and off-site improvements in the workable phase of which such structure, parcel, lot or portion is a part are completed to the extent that the dwelling units are accessible and livable, and all dwelling units are substantially developed (all building walls covered), as per the approved plans. A bond or other guarantee of substantial completion of all dwelling units may be accepted by the City in lieu of substantial completion. 3. If construction has not been completed to the point of foundation inspection for a unit within one (1) year, or if the project has not been completed within two (2) years from the date of the final tract map or phasing of tract maps approval, the conditional use permit shall expire and be of no further effect, and any final map for the subdivision of land within such residential planned development or workable phase thereof shall become null and void, and the owner of the property shall cause the subdivision to revert to acreage. 4. Prior to issuance of a building or grading permit, and prior to approval of a final map, a bond, or other acceptable security, shall be posted to ensure the completion of all common area and off-site improvements including: land- scaping, recreational facilities, and other site features as per approved plans. 5. Final building and site plans, including elevations, private outdoor living area, solar panels, and lighting shall be submitted to the Director of Plan- ning for approval. The site plan shall clearly show all pad and ridgeline elevations as established on the concept plan approved by the Planning Com- mission. Any revision which requires a ridgeline to exceed the approved ele- vation shall be reviewed by the Planning Commission. The location and con- figuration of structures and roads shall substantially conform to the concept plan approved by the Planning Commission. 6. Landscaping and irrigation plans (which include street trees) shall be sub- mitted for approval to the Director of Planning. Said plan shall include but not be limited to proposed plant materials, walls/fences, paths/trails, furniture and lighting. Bonds and agreements for all landscape improvements shall be submitted prior to approval of the final tract map. The final landscape plan shall be designed in a way so that views from Palos Verdes Drive South and adjacent properties will not be significantly adversely af- fected and so that solar access to all dwelling units will be protected. Further, the plan shall utilize drought resistant plants to the extent possible. 7. All necessary legal agreements and documents, including homeowners' asso- ciation, deed restrictions, covenants, dedication of development rights, easement, and proposed method of maintenance and perpetuation of open space areas, shall be submitted and approved by the City Attorney and the Director of Planning prior to approval of the final map. Said CC&Rs shall include but not be limited to the following provisions: A. Maintenance of the commonly owned areas including paths/trails and recreation facilities shall be insured through the establishment of a homeowners' association (or equal). Furthermore, maintenance fees for said area cannot be reduced without written approval of the City. Resolution P.C. No. 80-8 B. Identify all factors that involve structure appearance and use restrictions. C. Membership in the homeowners' association shall be inseparable from ownership in the individual condominium. D. All structures must conform to City approved building plans and maximum grade elevations as shown on the site plan. E. All landscaping (including parkway trees) shall be maintained so that no trees or group of trees significantly obstructs views from Palos Verdes Drive South or adjacent properties. F. All provisions required by Section 9171 A - H of the City's De- velopment Code. G. All future structures, improvements, and/or landscaping shall be subject to review by the Director of Planning. H. A note describing the location and potential use of the access easement at the cul-de-sac of "B" street shall be included in the CC&Rs. Further, there shall be a note to the effect that the homeowner and/or Homeowners Association will not oppose or inter- fere with any reasonable construction or use of said easement as shown on the recorded tract map. 8. Following recordation of the CC&Rs, the applicant shall submit a recorded copy of the document to the Director of Planning. 9. Approval of this conditional use permit is subject to the approval of Tenta- tive Tract Map No. 35040 by the City Council without substantial changes or modifications hereto. 10. All structures shall substantially conform to the architectural treatment as approved by the Planning Commission. 11. The swimming pool shall be designed in a manner that utilizes solar energy as the primary heat source. A conventional heating system (gas or electric) shall be used only as a back-up system. Solar panels shall not exceed the ridgeline of the common recreation building. Plans for the solar energy system and back-up system shall be reviewed by the Director of Planning. A mechanized pool cover, which assists in the retention of water heat, shall be incorporated into the design of the pool. It shall be used to cover the pool during periods that the pool is not in use (nights, inclimate weather, etc.) and shall be maintained in satisfactory working order. 12. The developer shall install in each dwelling unit a plumbing and circulating system that will allow utilization of solar energy as part of the Hybred system, for providing hot water. Solar panels shall not exceed the_ridgeline of the structure upon which they are placed._eThe proposed solar installation shall be -reviewed by the Director of Planning. 13. Tennis court lighting is not approved. Any proposal for lighting must be reviewed subject to the provisions of the City's Development Code. 14. Within thirty (30) days of the approval of the tentative tract map the de- veloper shall submit, in writing, a statement that he has read and under- stands the above conditions. Page two Exhibit "A" of Resolution P.C. No. 80-8