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PC RES 1980-015RESOLUTION P.C. NO. 80-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING CONDITIONAL USE PERMIT NO. 56 FOR A RESIDENTIAL PLANNED DEVELOPMENT IN A SINGLE FAMILY RESIDENTIAL DISTRICT Whereas, Petrous Industries, Inc. has requested a Conditional Use Permit to allow a Residential Planned Development (RPD) on a 9.5 acre site located on the south side of Palos Verdes Drive South and west of its intersection with Conqueror Drive, which is zoned Residential Single Family (RS -1, RPD); and Whereas, after notice, issued pursuant to the provisions of the City's Develop- ment Code, public hearings were held on February 12, June 10, July 22, and August 12, 1980, at which times all interested parties were given an opportunity to be heard and to pre- sent 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 permit- ted in single family districts, subject to the issuance of a conditional use permit. Section 2: That the 9.5 acre site located adjacent to Palos Verdes Drive South is adequate in size and configuration to allow for 9 attached single family dwelling - units under an RPD concept and for open space requirements, 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 is not contrary to the Coastal Specific Plan and General Plan since said conformance has been insured by site design and landscaping requirements, which are included as conditions of approvalto-this permit. Section 4: That the RPD will locate its primary points ofihgyie�s:s/egress on a proposed "Bluff Road" which is required by the City's Coastal Specific Plan and which will be designed and improved to carry both the type and quantity of traffic generated. Section 5: That given the project's location -,site -design, and conditifts-im= posed through the permit, the granting of this conditional use permit will not signifi- cantly 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 sur- rounding area. Section 6: That the Planning Commission does hereby declare that the final Negative Declaration has been completed in compliance with State and local guidelines and that that 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 donditional use permit will not result in a significant adverse environmental im- pact, 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- 56 for the use described herein, subject to the conditions contained in Exhibit "A", whidh are necessary to pro- tect the public health, safety, and general welfare in the area. APPROVED and ADOPTED this 12th day of August , , 1980. A14U Gary 'keber,(Ating Director ofP1� nning and Secretary t t e Commission � H. BROWN, CHAIRMAN EXHIBIT "A" Conditional Use Permit No. 56 is approved subject to the following conditions: 1. No more than nine (9) single family dwelling units shall be permitted. 2. No occupancy permit shall be granted for any structure and no parcels, lots or por- - - tion of the site shall be separately sold (close of escrow) or encumbered, 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-sUbstantiAl-ly 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 related off-site improvements including: landscaping, and other site features as per approved plans. 5. All final building and site plans, including elevations, private outdoor living area, solar equipment landscaping, and lighting shall be submitted to the Director of Planning for approval. The site plan shall clearly show all pad elevations as es- tablished on the concept plan approved by the Planning Commission. Any revision which requires a pad elevation to exceed the approved elevation shall be reviewed by the Planning Commission. 6. Landscaping and irrigation plans for common areas and public rights-of-way shall be submitted for approval to the Director of Planning. Said plan shall include but not be limited to --street trees, proposed plant materials, walls/fences, paths/trails, 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,' --the Bluff Road; -and adjacent -pro- perties will not be significantly adversely affected 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' association, deed restrictions, convenants, 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 landscaping, paths/trails and associated 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. B. Identify any factors that involve structure appearance and use restrictions. C. Membership in the homeowners' association shall be inseparable from ownership of individual lots. D. All structures must conform to City's Development Code and maximum grade eleva- tions as shown on the site plan. E. All landscaping (including street trees) shall be maintained so that no trees/ shrubs or group of trees/shrubs significantly obstructs views from Palos Verdes Drive South, the Bluff Road, or adjacent properties. Resolution PC No. 80-15 111/ F. All provisions required by Section 9171 A - H of the City's Development Code. G. All future structures, improvements, and/or landscaping or changes thereto shall be subject to review by the Director of Planning. 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 Tentative Tract Map No. 35799 by the City Council without substantial changes or modifications hereto. 10. No wall, fence, hedge, or combination thereof which exceeds 42 inches in height shall be permitted within 20 feet of the Palos Verdes Drive South right-of-way or within 15 feet of the Bluff Road right-of-way. 11. All residential lots shall be subject to RS-1 setback, height, and parking requirements as identified in section 9112 (Development Standards) of the Development Code. 12. All residential lots shall be required to maintain at least 60% of the lot as open space, as defined in the Development Code. 13. The total area of the commonly owned open space lot(s) shall not be less than 30% of the area of the tract. 14. The finished elevation of the pads on Lots 6 through 9 of the approved site plan (tentative tract) shall be lowered by three (3) feet. 15. Within thirty (30) days of the approval of the tentative tract map the developer shall submit, in writing, a statement that he has read and understands the above conditions. Page two Exhibit "A" Resolution PC No. 80-15