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PC RES 1981-039RESOLUTION P.C. NO. 81- 39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES GRANTING CONDITIONAL USE PERMIT NO. 76 FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT IN A SINGLE FAMILY RESIDENTIAL DISTRICT WHEREAS, G. F. Goeden Company has requested a conditional use permit to allow a Residential Planned Development (RPD) on a 10.5 acre site located at the intersection of Avenida Classica and Avenida Celestial which is zoned Residential Single Family three units per acre (RS -:.3); and WHEREAS, after proper notice, issued pursuant to the provisions of the City's Development Code, public hearings were held on January 27, Febru- ary 24, and April 20, 1981, 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 permitted in single family districts, subject to the issuance of a condi- tional use permit. Section 2: That the 10.5 acre site is adequate in size and config- uration to allow for twenty -cline (29) detached single family dwelling units under an RPD concept and for common open space, private outdoor living areas, landscaping, and other features required by the Development Code or by con- ditions imposed by this permit. Further, that the common open space require- ment of thirty (30) percent is waived subject to the criteria of Section 9113 C. 1. of the Development Code. Section 3: That the proposed RPD is not contrary to the General Plan since said conformance has been insured by site design and landscaping require- ments, which are included as conditions of approval to this permit. Section 4: That the streets (both proposed and existing) are designed to carry both the type and the quantity of traffic generated. Section 5,: That given the project's location, site design, and condi- tions 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 6: That the Planning Commission does hereby declare that a Final Negative Declaration (Environmental Assessment No. 390) has been com- pleted in compliance with State and local guidelines and the Commission has reviewed and considered the contents of the report 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. Section 7: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby grants Conditional Use Permit No. 76 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 20th day of April 31 1951• Harvey Brown, Chairman tharon W. Hightower Director of Planning an Secretary to the Commission Page two Resolution P.C. No. 81- 39 • EXHIBIT "A" i CONDITIONAL USE PERMIT NO. 76 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No more than twenty-nine (29) single family dwelling units shall be permitted. 2. Prior to issuance of a building or grading permit, and prior to ap- proval of a final map, a bond, or other acceptable security, shall be posted to ensure the completion of all common area and off-site im- provements including: landscaping_, and other site features as per approved plan. 3. 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 encumbered, until approval of the Director of Planning, 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 a part are completed to the extent that -the dwelling units are accessi- ble 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. 4. If construction has not been completed to the point of foundation in- spection f6r a unit within one (1) year, or 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. 5. Landscaping and irrigation plans (which include street trees, trails, signs, etc.) shall be submitted for approval by the Director of Plan- ning. Said plan shall include but not be limited to plant materials (proposed and existing), walls/fences, and lighting. Bonds and agree- ments for landscape improvements shall be submitted prior to approval of the final tract map. Said plan shall show the elimination of view obstructing myoporum along Hawthorne Boulevard. 6. Final building and site plans, including elevations, private outdoor living area, and lighting shall be submitted to the Director of Planning for approval. The site plan shall clearly show all pad and ridgeline elevations. 7. All necessary legal agreements and documents, including homeowners association, 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 landscaping, trails, and public easements shall be ensured through the establishment of a homeowners association (or equal). Further- more, maintenance fees for said areas cannot be reduced with- out written approval 6f the City. b. Membership in the homeowners association shall be inseparable from ownership in the individual lots. C. All structures must conform to the development standards in the Development Code. Resolution P.C. No. 81-39 d. All landscaping (including street trees) shall be designed and maintained so that no trees/shrubs or group of trees/ shrubs significantly obstructs identified views from ad- jacent properties or public property, and`:no-landscaping shall be planted or maintained that will obstruct solar access to any adjacent property. e. All provisions required by Section 9171 A -H of the City's Development Code. f. All future structures and improvements or changes thereto shall be subject to review by the Director of Planning. 8. Following recordation of the approved 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. 37060 by the City Council without sub- stantial modifications or changes thereto. 10. 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 panel§ shall not exceed the maximum ridgeline of the structure upon which they are placed. Each solar installation shall be reviewed by the Director of Planning.. 11. Proposed roofing materials shall be submitted to the Director of Planning for review. 12. Lot #1 shall maintain a thifty (30) foot minimum front yard setback; lot #2 shall maintain a twenty-five (25) foot minimum -front yard setback; lot #3 shall maintain a twenty (20) foot minimum front yard setback. This condition is to be included in the CC&Rs. 13. Ridgeline elevations shall not exceed sixteen (16) feet per Section 9113 of the Rancho Palos Verdes Development Code. This condition is to be included in the CC&Rs. 14. A fifteen (15) foot wide trail easement shall be dedicated to the City on the approved tentative map. This easement shall be con- structed by the developer and maintained by the homeowners associa- tion. This condition is to be included in the CC&Rs. 15. Within thirty (30) days of the approval of the tentative map, the developer shall submit, in writing, a statement that he has read, understands and accepts the above conditions. Page two Exhibit "A" of Resolution P.C. No. 81-39