PC RES 1992-018 P.C. RESOLUTION NO. 92-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL
USE PERMIT NO. 154, COASTAL PERMIT NO. 95, VARIANCE
NO. 297, AND GRADING NO. 1420, FOR A RESIDENTIAL
PLANNED DEVELOPMEZIT CONSISTING OF 10 RESIDENTIAL
LOTS AND 4 COMMON OPEN SPACE LOTS IN A SINGLE
FAMILY DISTRICT LOCATED WITHIN THE PORTUGUESE BEND
CLUB.
WHEREAS, the Transamerica Realty Services, Inc. has requested
approval of a Conditional Use Permit, Coastal Permit, Variance,
and Grading Permit to allow a Residential Planned Development
(RPD) on an 18. 33 acre site located within the Portuguese Bend
Club which is zoned Residential Single Family (RS-2) , (RS-5) and
Open Space Hazard (OH) ; and
WHEREAS, after notice issued pursuant to the provisions of
the City's Development Code, the Planning Commission held public
hearing on the environmental review of the project applications on
November 12 and held public hearings on the project on November
26, 1991 and on January 14, February 11, and March 4, 1992, at
which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Pursuant to Section 17.56. 060 of the Development
Code, the Planning Commission in approving the Conditional Use
Permit, finds as follows:
A. That the proposed Residential Planned Development (RPD)
for 10 residential lots and 4 common open space lots is permitted
in single family districts, subject to the issuance of a
Conditional Use Permit.
B. That the proposed 18.33 acre site, located within the
Portuguese Bend Club 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, drainage improvements and other features required by
the Development Code or by conditions imposed by this permit.
C. That the proposed RPD, as conditioned, is not contrary to
the General Plan since said conformance has been insured by
limiting the number of dwelling units for the project and
restricting the building heights for all structures to maintain
view corridors of the ocean and Catalina Island across the site
from Palos Verdes Drive South, along with other development
standards which are included as conditions of approval for this
permit, subject to the approval of Vesting Tentative Tract Map No.
49067 by the City Council.
D. That the RPD will locate individual driveways onto a
private street (Yacht Harbor Drive) which leads to a public road
(Palos Verdes Drive South) , both of which are improved streets
designed to carry the type and quantity of traffic generated by
the project.
E. That given the project's location, site design, and
conditions imposed through 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 2 : Pursuant to Section 17. 67. 060 of the Development
Code, the Planning Commission in approving the Coastal Permit
finds as follows:
A. That the creation of ten (10) s incle family
residential lots and related improvements is consistent with
the type of land use and density identified in the City's
Coastal Specific Plan.
B. That the subject use, as conditioned, mitigates or
reduces significant adverse effects to adjacent properties or
the permitted uses thereof and will create a project that
will be sensitive and harmonious with the surrounding area.
C. That the creation of the subject subdivision within
the Portuguese Bend Club will maintain the private nature of
that club as specified in the Coastal Specific Plan.
Section 3 : Pursuant to Section 17. 60. 020 of the Development
Code, the Planning Commission in approving the Variance request,
finds as follows:
A. That there are exceptional or extraordinary circumstances
or conditions applicable to the property involved, or to the
intended use of the property, which do not apply generally to
other property in the same zoning district in that even though the
property is located within the Coastal Zone and the Coastal
Setback Line meanders through, and cuts across four of the
residential lots, the entire project site has been proven to be
geologically sound and feasible to accommodate the proposed
project.
P.C. Resolution No. 92-18
Page 2
B. That such Variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant, which
right is possessed by other property owners under like conditions
in the same zoning district since the Coastal Setback Line acts as
a constraint which further restricts improvements on a portion of
the subject property such as other physical aspects of other
properties throughout the City limit development. In such cases,
property owners have the right to submit Variance requests to
allow development.
C. That the granting of the Variance will not be materially
detrimental to the public welfare or injurious to property and
improvements in the area in which the property is located because
the property in question has been determined to be geologically
sound for the proposed development and by implementing the
conditions of approval, only non-habitable structures such as
garages and garden walls will be allowed within the building
setback to the Coastal Setback Line, that views will be protected
over and through theproject site, that the resulting structures
will be compatible with the area and will be constructed according
to the City's Building and Safety standards.
D. That the granting of such a Variance will not be contrary
to the objectives of the General Plan or the policies and
requirements of the Coastal Specific Plan since the use of the
lots shall be for single family residential dwelling units,
common open space and related improvements, which is
compatible with the objectives, policies, programs and land
use specified in the General Plan and the Coastal Specific
Plan.
Section 4: Pursuant to Section 17. 50. 070 of the Development
Code, the Planning Commission in approving the Grading Permit
finds as follows:
A. That the grading is not excessive beyond that necessary
for the permitted primary residential use since the earthwork is
necessary to mitigate the issue of view impairment, and, in part,
is necessary to improve drainage on the site.
B. That the grading and/or construction does not
significantly adversely affect the visual relationships with, nor
the views from, neighboring sites as the grading will lower the
pad elevations of the proposed residential lots to establish and
maintain view corridors over the site of the ocean and Catalina
Island.
C. The nature of the grading minimizes disturbance to the
natural features since no grading activity will occur in the
extreme slope areas of the bluffs; the finished contours, although
lower in elevation, will resemble the existing gentle contours on
the site.
P.C. Resolution No. 92-18
Page 3
D. All mitigation measures as required by the Mitigated
Negative Declaration are hereby incorporated in the conditions of
approval for this project and are attached hereto as Exhibit "A".
Section 5: For the foregoing reasons and based on
information and findings included in the Staff Reports, minutes,
records of proceedings, and evidence presented at the public
hearing, the Planning Commission of the City of Rancho Palos
Verdes hereby approves Conditional Use Permit No. 154, Coastal
Permit No. 95, Variance No. 297 and Grading Permit No. 1420
subject to the conditions of approval contained in the attached
Exhibit "B" and subject to City Council approval of Vesting
Tentative Tract Map No. 49067 and certification of the Mitigated
Negative Declaration, which are necessary to protect the public
health, safety, and general welfare in the area.
PASSED, APPROVED, and ADOPTED this 19th day of March, 1992.
/ "Tdr
Ro•er Kat erman
Chairman
CSI
Caro ynn e ru, Acting Director
of Environmental Services and
Secretary to the Commission
P.C. Resolution No. 92-18
Page 4
EXHIBIT "C"
CONDITIONS OF APPROVAL INDEX
CONDITIONAL USE PERMIT NO. 154 AND GRADING NO. 1420
(VESTING TENTATIVE TRACT NO. 49067)
A. DEVELOPER AGREEMENT (p. 1)
B. PROJECT DESIGN REVIEW (p. 2)
C. PERMIT EXPIRATION AND COMPLETION DESIGN (p. 2)
D. NUMBER OF DWELLING UNITS (p. 2)
E. CONSTRUCTION "PLAN" (p. 3)
F. COMPLETION PER APPROVED PLANS (pp. 3-4)
G. COMMON OPEN SPACE BONDS (p. 4)
H. CC&R's (pp. 4-6)
I. GRADING (pp. 6-10a
J. LANDSCAPING FOR ALL COMMON AREAS (pp. 10-11)
K. TRACT FENCING PLANS (pp. 11-12)
L. CONSTRUCTION GRADING OF INDIVIDUAL RESIDENCES (p. 12)
M. DEVELOPMENT PLANS FOR CONSTRUCTION (p. 12)
N. PRIVATE LOT OPEN SPACE (p. 13)
O. SETBACKS (pp. 13-14)
P. MINIMUM OPEN SPACE (pp. 14-15)
Q. BUILDING FACADES AND ROOFLINES (pp. 15-16)
R. HEIGHTS (p. 17)
S. SOLAR SYSTEM (p. 17)
T. LIGHTING (p. 18)
U. APPLIANCES (p. 18)
V. TRAILS PLAN IMPLEMENTATION (p. 18)
W. "SPECIAL RULES" (ARCHITECTURAL GUIDELINES) (pp. 18-19)
P.C. Resolution No.92-18, Exhibit A
EXHIBIT "C"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 154 AND GRADING NO. 1420
(VESTING TENTATIVE TRACT NO. 49067)
DEVELOPMENT OF TRACT
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval, the developer
shall submit, in writing, a statement that they
have read, understand, and accept all of the
conditions of approval contained in this exhibit.
2 . Approval of this Conditional Use Permit and Grading
Permit is subject to the approval of Vesting
Tentative Tract Map No. 49067 by the City Council
without substantial changes or modifications
hereto, including offers of dedication of land and
easements, and tract development improvements.
3 . The developer shall participate in a proportionate
share of any City Housing Element program that is
in place at the time that finish tract grading is
certified. The determination of the developer's
fair share shall be determined by the appropriate
individual or entity, in accordance with such
housing program and with appropriate appeal rights.
4. The developer shall participate in, and pay any
fees required by, the City Public Art Program. Any
proposal for participation shall be submitted to
the City prior to the issuance of grading permits.
5. In compliance with Fish and Game Code Section
711.4, the developer shall submit to the City a
cashier's check payable to the Los Angeles County
Clerk in the amount of $1,250. 00 for a filing fee,
and a cashier's check in the amount of $25.00 for
documentary handling fee within 48 hours of City
approval of this permit. The developer shall also
pay any fine imposed by the Department of Fish and
Game, if required.
C.U.P. Conditions of Approval
Page 1 of 19
P.C. Resolution No.92-18, Exhibit A
B. PROJECT DESIGN REVIEW
1. Prior to issuance of grading permits, a Final Tract
Map shall be submitted to the Director of
Environmental Services for review and approval,
identifying the location of all lots, streets, and
other tract improvements including drainage
structures and features, building pad areas and
elevations, and utility easements, as depicted on
Vesting Tentative Tract Map No. 49067 as approved by
the Planning Commission (date to be determined) .
2. All residential development shall conform to the
specific standards contained in this permit. Any
request for a variance to these standards shall be
done so through a major Conditional Use Permit
revision.
3 . Any significant changes in the development
characteristics of the project, including but not
limited to the number of dwelling units, street and
lot configurations, or the modification of finished
contours, shall require that an application for a
major revision to the conditional use permit be
filed. The scope of the review shall be limited to
the request for modification and any items
reasonably related to the request and shall be
subject to approval by the Planning Commission.
Before such changes are made, the Director of
Environmental Services shall report to the Planning
Commission a determination of significance.
C. PERMIT EXPIRATION AND COMPLETION DEADLINE
1. If finish grading, realignment of Yacht Harbor Drive
and construction of utilities have not been
completed and accepted within two (2) years from the
date of recordation of the final tract map,
Conditional Use Permit No. 154 shall expire and be
of no further effect, unless, prior to expiration, a
written request for extension pursuant to Section
17.56.080 of the City's Development Code is filed
with the Department of Environmental Services and is
granted by the Planning Commission. Otherwise, a
new Conditional Use Permit must be approved prior to
further development.
D. NUMBER OF DWELLING UNITS
1. No more than ten (10) dwelling units shall be
permitted.
C.U.P. Conditions of Approval
Page 2 of 19
P.C. Resolution No. 92-18, Exhibit A
E. CONSTRUCTION "PLAN"
1. Prior to issuance of grading permits, a construction
plan shall be submitted to the Director of
Environmental Services for review and approval.
Said plan shall include but not be limited to:
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 . The use of a rock crusher on the site is prohibited.
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. , except for the following: construction
on Yacht Harbor Drive shall be prohibited on
Saturdays between the months of May through October.
(Yacht Harbor Drive shall remain passable at all
times. ) No work on-site, work on equipment or
vehicles shall be permitted before or after the
hours indicated. No truck queuing, delivery of
construction materials or equipment, and equipment
maintenance shall occur before 7: 00 a.m. ; flagmen
shall be used during all construction activities as
required by the Director of Public Works.
4 . 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 on-site watering and vegetative planting.
5. Noncompliance with the above construction and/or
grading restrictions shall be grounds to stop work
immediately on the property.
F. COMPLETION PER APPROVED PLANS
1. No lot shall be sold or transferred or building
permits issued for any structure prior to finish
grading and until the Director of Environmental
Services has determined that all drainage facilities
and common area and off-site improvements are
completed to the extent that the lot or structure is
accessible and able to support development.
2 . All lots shall be rough graded concurrently in
accordance with the approved grading plans.
C.U.P. Conditions of Approval
Page 3 of 19
P.C. Resolution No. 92-18, Exhibit A
3 . Any lot not under construction shall be irrigated
and landscaped. Temporary irrigation lines may be
determined acceptable by the Director of
Environmental Services.
4. A bond, cash deposit, letter of credit or other City
approved security to guarantee substantial
vegetative cover and maintenance of all lots which
have not been sold for development shall be provided
by the developer.
G. 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 posted to ensure the completion of
all common area improvements including: landscaping,
irrigation, drainage facilities, and other site
features as per approved plans.
2 . A minimum of 10 acres of the project site shall
remain as a common open space (Lots 11 - 14) .
H. CC&R'S
1. Prior to approval of the final map, copies of the
Supplemental Covenants, Conditions and Restrictions
(CC&R's) shall be submitted to the Director of
Environmental Services and City Attorney for review
and approval. Said CC&R's shall reflect standards
provided in Chapter 17. 14 (Homeowners Association)
of the Development Code, including those items
identified herein, and any applicable conditions of
Vesting Tentative Tract Map No. 49067.
2. All necessary legal agreements and documents,
including Homeowners Association, deed restrictions,
covenants, dedication of development rights, public
easements for utility purposes, and proposed method
of maintenance and perpetuation of open space areas,
common landscape easements, drainage facilities, and
any other hydrological improvements 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
all landscaping and all on-site drainage
improvements shall be preserved and maintained
through the existing Homeowners Association.
C.U.P. Conditions of Approval
Page 4 of 19
P.C. Resolution No. 92-18, Exhibit A
b. Maintenance fees for commonly owned open space
areas cannot be reduced without written approval
of the City.
c. Identification of all materials which affect
structure appearance and use restrictions,
including but not limited to architectural
controls, structure and roof materials, exterior
finishes, walls/fences, exterior lighting, and
Standards of Development of Individual Lots as
contained in subsections M-V of this document
(Grading, Development Plans for Construction of
Individual Residences, Private Lot Open Space,
Setbacks, Minimum Open Space Requirements of
Individual Residences, Building Facades and
Roof lines, Heights, Solar System, Lighting, and
Appliances) . A manual containing this
information shall provided by the developer
and/or Homeowner's Association to each
individual landowner upon purchase of any lot or
residence.
d. Membership in the Homeowners Association shall
be inseparable from ownership in the individual
lots.
e. All structures must conform to City approved
building plans.
f. All landscaping (including parkway trees) shall
be maintained so that no trees or group of trees
obstructs views from the public right-of-way or
adjacent 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.
g. All provisions required by the Homeowners'
Association or similar organization of the
Section 17. 14 of the City's Development Code.
h. All future structures, improvements, and/or
landscaping shall be subject to review by the
Director of Environmental Services of the City
of Rancho Palos Verdes.
i. Identify the presence of the public trail
for multi-purpose use.
C.U.P. Conditions of Approval
Page 5 of 19
P.C. Resolution No. 92-18, Exhibit A
j . Ownership and continual maintenance of the
common open space areas and all on-site drainage
facilities shall be vested in the Homeowner's
Association, made up of owners of the
residential units. A note to this effect shall
be placed on the map.
k. Dedicate to the City the right to prohibit
construction of residential structures within
commonly owned lots, landscape easements, and
slopes greater than 3 : 1 gradient, except that
additional common facilities may be permitted
subject to approval of a Conditional Use Permit
from the City.
1. Exterior residential lighting shall be limited
to the standards of the Environmental Protection
Section 17.54. 030 of the Development Code.
m. Lot coverage, setback, height and private open
space requirements for each residential
structure as detailed in these Conditions of
Approval.
n. Requirements for solar installations shall
conform to the Development Standards of Section
17.40 and Extreme Slope restrictions of Section
17.57 of the Development Code.
3 . Within thirty (30) days following recordation of the
CC&R's, the applicant shall submit a recorded copy
of the document to the Director of Environmental
Services.
I. GRADING
1. 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 vesting tentative
map and conditions as approved by the City.
2. Prior to recordation of the final map, the project
geologist will review and approve the final grading
plans and specifications by manual signature.
C.U.P. Conditions of Approval
Page 6 of 19
P.C. Resolution No.92-18, Exhibit A
3 . All graded slopes shall be "landform" graded so as
to closely reflect naturally occurring topographic
contours. Slope gradients shall be natural and no
abrupt changes between natural and graded slopes
will be permitted.
4. All created slopes within the tract, including
side yard transitional slopes, shall not exceed 2 : 1,
or fifty (50) percent.
5. All natural and created slopes greater than 3 : 1,
shall be designated as Building and Grading
Restricted Use Areas on the Final Map.
6. All proposed retaining walls to be constructed shall
be subject to review by the Director of
Environmental Services with subsequent reporting to
the Planning Commission, if required, for review and
approval pursuant to Section 17.50 of the Rancho
Palos Verdes Development Code.
7. No grading, except for construction of the approved
lots, drainage facilities and improvements, and any
improvements required by the City Geologist shall be
permitted in common open space Lots 11 through 13 .
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 (or a designated staff member) shall
inspect the graded sites for accuracy of pad
elevations, created slope gradients, and pad size.
The developer or their designee shall provide
certification for all grading related matters.
9. All grading and construction equipment will be
stored on the project site.
10. Equipment maintenance (refueling, oil changes, etc. )
areas will be restricted to areas designated in
consultation with the City prior to construction and
grading activities.
11. All grading equipment, fixed or mobile, shall be
equipped with properly operating and maintained
mufflers. Any stationary, on-site noise sources
such as compressors, generators, or power saws shall
be equipped with hospital grade mufflers for engine
driven sources, or shall be surrounded by a
temporary plywood enclosure as a noise baffle.
C.U.P. Conditions of Approval
Page 7 of 19
P.C. Resolution No. 92-18, Exhibit A
12. Stockpiling and/or vehicle staging shall be
designated on the project site and shall not be
located on Yacht Harbor Drive nor on the Palos
Verdes Drive South frontage road in the Seaview
tract. These stockpiling and staging areas shall be
located as far as practical from existing
residential dwellings.
13 . The hauling route used for the export of soil
material shall be submitted for review by both the
Director of Environmental Services and the Director
of Public Works.
14. Truck loads of exported fill material shall be
covered to reduce spillage.
15. Street cleanup of exported fill material spillage
shall be conducted on a regular basis at the
discretion of the Director of Public Works.
16. A fugitive dust plan shall be submitted by the
developer for review by the Director of Public Works
and the Director of Environmental Services to
address and mitigate dust generation during
cleaning, grading, earth moving, or excavation and
shall be controlled by regular watering, or other
dust preventative measures in accordance with SCAQMD
Rule 403 .
17. 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.
18. To ensure public safety and to secure the site
affected by grading operations during construction,
the Developer shall submit a temporary fencing plan
for approval to the Director of Environmental
Services. Said planshall provide fencing around
the entire project site north (landward) of Yacht
Harbor Drive.
19. All of the recommendations made by the City Engineer
and the City Geologist during their on-going review
of the project shall be incorporated into the
approved grading plans.
C.U.P. Conditions of Approval
Page 8 of 19
P.C. Resolution No. 92-18, Exhibit A
20. Prior to issuance of grading permits, a bond, cash
deposit, or combination thereof, shall be posted to
cover costs for any geologic hazard abatement in an
amount to be determined by the City Engineer.
21. Prior to issuance of building permits, an
independent Geology and/or Soils Engineer's report
on the expansive properties of soils on all building
sites shall be submitted by the developer to, and
approved by the City Geologist in conformance with
accepted City practice. Such soils are defined by
Building Code Section 2904 (b) . An as graded soils
and geologic report, complete with geologic map,
will be submitted and reviewed prior to issuance of
a building permit.
22. An as-built geological report shall be submitted for
structures founded on bedrock. An as-built soils
and compaction report shall be submitted for
structures founded on fill as well as for all
engineered fill areas.
23. Grading shall conform to Chapter 29, "Excavations,
Foundations, and Retaining Walls", and Chapter 70,
"Excavation and Grading of the Uniform Building
Code" .
24. Prior to issuance of building permits, an
independent Geology and/or Soils Engineer's report
on the expansive properties of soils shall be
submitted by the individual property owners for
their specific lot to and approved by the City
Geologist in conformance with accepted City
practice. Such soils are defined by Building Code
Section 2904 (b) . An as graded soils and geologic
report, complete with geologic map, will be
submitted and reviewed prior to issuance of a
building permit.
25. Foundations and floor slabs cast on expansive soils
will be designed in accordance with Los Angeles
County Code Section 2907-i.
26. All grading shall be monitored by a licensed
engineering geologist and/or soils engineer in
accordance with applicable provisions of the
Municipal Code and the recommendations of the City
Engineer.
27. Unless otherwise provided in these conditions of
approval or permitted by the Director of
Environmental Services, the project shall comply
with all appropriate provisions of the City's
grading ordinance (Chapter 17.50 Grading) .
C.U.P. Conditions of Approval
Page 9 of 19
P.C. Resolution No.92-18, Exhibit A
28. Grading activity on the site shall occur in
accordance with all applicable City safety
standards.
29. Graded slopes shall be properly planted and
maintained. Plants shall be selected that are
drought tolerant, capable of developing deep root
systems and shall generally consist of low ground
cover to impede water flow on the surface. Watering
for establishment of said plant material shall be
done on cycles that will promote deep rooting.
Watering shall be diminished or stopped just prior
to and during the rainy season or upon establishment
of the plant material, whichever comes first. To
provide greater slope protection against scour and
erosion, all graded slopes shall be covered with a
jute mat to provide protection while the ground
cover is being established. If appropriate, the
Director of Environmental Services may approve an
alternative material or method to control erosion.
J. LANDSCAPING FOR ALL COMMON AREAS
1. Prior to issuance of grading permits, the developer
shall submit a final landscape and irrigation plan
to the Director of Environmental Services for review
and approval of all common and open space areas and
for public trails. Landscape and irrigation plans
shall include the following:
a. A minimum of eighty percent (80%) drought
tolerant plant materials for all landscaped
areas.
b. Landscaping within all common areas shall be
planted in such a manner so that views from
adjacent properties and any public right-of-way
are not affected and so that solar access to all
dwelling units is protected.
c. All trees selected shall be of a species which
reasonably could be maintained at or below 16
feet. Said trees shall be maintained not to
exceed 16 feet in height. Accent palm trees in
excess of 16 feet in height shall be permitted
at the entry to the tract and shall be properly
maintained to protect neighboring views. The
number and placement of said palm trees shall be
reviewed by the Director of Environmental
Services.
d. The reseeding and re-establishment of natural
plant species for all of the disturbed common
open space areas.
C.U.P. Conditions of Approval
Page 10 of 19
P.C. Resolution No. 92-18, Exhibit A
e. Landscaping/irrigation plans as needed for all
rough graded surfaces on individual lots which
have been scarified through grading operations.
f. The landscaped entries and buffer zones shall
meet the standards for Intersection Visibility
(Section 17.42 .060) as identified in the
Development Code.
g. Irrigation systems shall utilize drip and
bubbler systems wherever possible. Controlled
spray systems may be used where drip or bubbler
systems are not appropriate. All sprinkler
heads shall be adjusted to avoid overspray.
h. All high water use areas shall be irrigated
separately from drought tolerant areas.
i. Irrigation systems shall be on automatic timers
and shall be adjusted for seasonal water needs.
2 . Within 30 days after Final Tract Map approval, or
before sale of any individual lot, which ever occurs
first, the developer shall submit to the City a
Covenant to Maintain Property to protect views for
each lot. All fees associated with recording said
covenants shall be paid by the developer.
K. TRACT FENCING PLANS
1. A complete project fencing plan (including proposed
fence and wall details) shall be approved by the
Director of Environmental Services prior to issuance
of grading permits. It shall be the responsibility
of the developer to install this fencing prior to
sale of any lot within each workable phase. Said
fencing plan shall incorporate the following:
a. A decorative, maximum height six (6) foot fence
which allows a minimum of 90% light and air to
pass through shall be required alone the entire
northerly boundary of the project site which
includes Lot 14 and ties into the existing
fence. Any change to this design criteria must
be approved by the Director of Environmental
Services.
C.U.P. Conditions of Approval
Page 11 of 19
P.C. Resolution No. 92-18, Exhibit A
b. A decorative concrete block retaining wall not
to exceed 6 feet in exposed height, shall be
required along the entire length of the toe of
the transitional slope at the rear of each
residential lot. Undulations to follow the
property lines at the rear of Lots 1 and 10
shall be allowed.
c. Retaining walls on the west side of Lot 1 and
the east side of Lots 9 & 10 shall not exceed a
maximum exposed height of 3 feet and shall not
involve a quantity in excess of 20 cubic yards
unless a separate grading application is
submitted for review by the Director of
Environmental Services and/or the Planning
Commission.
DEVELOPMENT OF INDIVIDUAL LOTS
L. GRADING FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES
1. Only grading which is necessary for the creation of
the lots (as per condition I. 1) , foundations, and
pools has been granted. No additional grading will
be permitted.
2. No construction and/or grading on individual lots
shall be permitted on slopes greater than 3 : 1.
M. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL
RESIDENCES
1. Prior to issuance of any grading or construction
permits for individual lots, final improvement plans
for each lot and structure shall be submitted by
individual property owner to the Director of
Environmental Services for review and approval.
Said plans shall include, but are not limited to,
plot plan, section and elevation drawings, grading,
landscaping, and exterior lighting plans. The plot
plan shall clearly show approved topography, all
proposed structures, all easements, and setbacks.
The section and elevation drawings shall clearly
indicate maximum proposed height and ridge elevation
for all structures, fences, walls, accessory
structures, and equipment.
2 . All private yard fencing placement shall conform
with Section 17.42 of the Development Code.
3 . No solid walls, chain link fencing or hedges shall
be permitted in excess of 42 inches within the front
or streetside setback (as specified in the table in
* Section P1 below) of the residential lots.
C.U.P. Conditions of Approval
Page 12 of 19
P.C. Resolution No. 92-18, Exhibit A
N. PRIVATE LOT OPEN SPACE
1. Each residential lot shall provide a private outdoor
living area in an amount not less than four hundred
(400) square feet for each bedroom in the unit.
This area shall be adjacent to and provide a
private, usable area for each dwelling unit.
O. SETBACKS
1. The following table identifies minimum setbacks for
lower level structures on each residential lot:
Setbacks (yard)
Lot # Front I Rear I East side I West side
1 65' 1 15' I 7' I 15'
2 I 40' I 20' 1 8' I 15'
3 40' 1 25' I 15' I 7'
4 30' I 30' I 8' I 14'
5 I 30' I 30' I 15' I 7'
6 35' I 20' I 8' I 14'
8 25' I 15' I 8' I 14'
10 I 25' I 20' I 14-28' I 14'
2 . With respect to Lots 2 through 9, whenever a second
story is situated over a first story garage or
residence with its facade facing Yacht Harbor Drive,
the second story shall be set back at least thirty
(30) feet measured perpendicularly from the front of
the first story facade of the affected lot.
3 . In the event that there are two or more first story
garage or house walls which face Yacht Harbor Drive
and that are at varying distances from the front
yard setback (area limitation) line, the required
thirty foot (30'-0") setback for the second story
shall be taken from the ground floor wall of the
house or garage that is closest to the front yard
C.U.P. Conditions of Approval
Page 13 of 19
P.C. Resolution No.92-18, Exhibit A
setback line. Additionally, the second story shall
be set back a minimum of five feet (5' -O") from all
ground floor wall facades other than that which is
closest to the front yard setback line (see attached
diagram in Exhibit "B", Special Rules document, p.
16, "Articulation diagram") .
4. With respect to Lots 2 through 9, whenever a second
story is situated over a first story garage or
residence with its facade facing the rear of the
property (Palos Verdes Drive South) , the second
story shall be set back at least ten (10) feet
measured perpendicularly from the rear of the first
story facade of the affected lot.
5. No portion of any structure (includingaccessory
structures) on any of the ten residential lots shall
encroach into the setbacks identified in the table
in Condition 0. 1. Individual requests to encroach
into the setback areas are subject to review and
approval by the Planning Commission through an
application for a minor revision to the original
Conditional Use Permit.
P. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES
1. Each lot shall have a minimum open space requirement
of 47.5 percent of the total lot area. Driveway and
parking areas (including the required courtyards) ,
footprint of the structure (including garage and
accessory structures) and any covered patios or
covered walkways shall constitute lot coverage.
2 . The following table represents the maximum livable
floor area for all of the homes on Lots 1 through 10
(excluding the garage) :
+ + +
Lot # 1 Maximum Livable Area I
+ + +
I 1 I 6, 000 sq. ft. I
+ + +
I 2 I 5,000 sq. ft. I
+ + +
I 3 I 5, 000 sq. ft. I
+ + +
I 4 I 5, 000 sq. ft. I
+ + +
I 5 1 5,000 sq. ft. I
+ + +
I 6 I 5, 000 sq. ft. I
+ + +
con't below
C.U.P. Conditions of Approval
Page 14 of 19
P.C. Resolution No. 92-18, Exhibit A
+ + +
I Lot # I Maximum Livable Area I
+ + +
7 I 5,000 sq. ft. I
+ + +
8 5,000 sq. ft. I
+ + +
I 9 I 5, 000 sq. ft. I
+ + +
10 I 6, 000 sq. ft. I
+ + +
3 . In addition to the open space requirements above,
the maximum square footage of livable space for the
second story in each residence on Lots 2-9 shall be
limited to 2,000 square feet. Individual requests
to exceed this square footage are subject to review
and approval by the Planning Commission through an
application for a major revision to the original
Conditional Use Permit.
Q. BUILDING FACADES AND ROOFLINES
1. No unbroken, vertical two story facades shall be
allowed on the front and rear elevations of the
residences in order to avoid solid, two story
facades on any structure. With regard to Lots 1 and
10, whenever a one story residence or garage has its
rear wall facing Palos Verdes Drive South, at least
forty percent (40%) of the entire width of the house
or garage so facing said street, shall project or be
recessed at least five feet (5'-O") from the
remaining width of the house or garage. Such
projection or recession may be in segments so long
as the aggregate of the segments is at least forty
percent (40%) of such length and in no case shall be
beyond the setback line.
2 . Along the narrow (side yard) setback line of each
lot, at least forty percent (40%) of the entire
length of the house and garage shall project or be
recessed at least five feet (5'-0") from the
remaining length of the house and garage. Such
projection or recession may be in segments so long
as the aggregate of the segments is at least forty
percent (40%) of such length. In no event shall the
house or garage extend beyond the narrow setback
line.
3 . In addition to condition Q.2 above, any second story
must also be set back at least five feet (5'-0")
from the facade of the first floor running parallel
and closest to the narrow setback line. Along the
facade of the second story which is parallel to the
C.U.P. Conditions of Approval
Page 15 of 19
P.C. Resolution No. 92-18, Exhibit A
narrow setback line, at least forty percent (40%) of
the entire length of the second story shall be
recessed at least two feet (2'-0") . Such recession
may be in segments so long as the aggregate of the
segments is at least forty percent (40%) of such
length.
4. Each lot shall contain a courtyard (a semi-enclosed
outdoor area open to the sky and defined by the
house walls, garages, garden walls or landscaping)
for the combined purposes of pedestrian/auto
circulation, outdoor open space and landscaping.
The minimum size of the courtyard shall be 900
square feet for each lot exclusive of the 10-12 foot
wide driveway between Yacht Harbor Drive and the
edge of the courtyard that is closest to Yacht
Harbor Drive. No part of the courtyard may extend
into the front setback or project beyond the front
face of the ground floor of the residence or garage,
but may extend to within three feet (3'-0") of the
side property line.
5. In addition to the courtyard requirement in
condition Q.4, residences on Lots 1 and 10 shall
incorporate a second courtyard (on the upper level
of Lot 1 and on the first floor of Lot 10 as a part
of the design of the residence. This courtyard
shall be a minimum of 600 square feet in size and be
used for outdoor open space, pedestrian circulation
and/or landscaping.
6. Flat roofs and rooftop balconies are only permitted
within the one story height limitation areas facing
Yacht Harbor Drive and the rear property line of the
affected lot. Flat roofs and rooftop balconies
shall not exceed 16 feet in height (14 feet for Lot
#1) .
7. The roof on the upper levels of each structure shall
have a pitch of at least 3.5 in 12 (3 .5: 12) and
shall not exceed a pitch of 5 in 12 (5: 12) (with
the exception of Lots 1,2, & 10 shall not exceed a
pitch of 3.5 in 12) .
8. On all of the residential lots the main ridge of the
structure shall be parallel with the eastern and
western property lines of each lot.
9. Roofing materials shall be Class A and non-
combustible.
C.U.P. Conditions of Approval
Page 16 of 19
P.C. Resolution No. 92-18, Exhibit A
R. HEIGHTS
1. Building heights for all main structures are
limited as follows and shall be certified prior to
issuance of final building permits:
+ + + +
Lot # Maximum height Maximum ridge elevation'
+ + + +
1 14' ; upper pad 227
23' ; lower pad 227
+ + + +
2 24' I 227 I
+ + + +
I 3 I 24' I 227.5 I
+ + + +
I 4 I 24' I 228 I
+ + + +
I 5 I 24' I 228. 5 I
+ + + +
6 I 24' I 229 I
+ + + +
I 7 I 24' I 229.5 I
+ + + +
8 I 24' I 229. 5 I
+ + + +
I 9 I 24' I 230 I
+ + + +
10 I 16' I 231 I
+ + + +
2 . All heights shall be measured pursuant to View
Preservation and Restoration Section 17.02 . 040 of
the Rancho Palos Verdes Development Code.
3 . Accessory structures shall not exceed twelve (12)
feet in height.
S. SOLAR SYSTEM
1. All dwelling units shall be designed and
constructed so that the plumbing and circulation
system will allow utilization of solar energy as
part of the hybrid system for providing hot water.
Solar panels shall not exceed the ridgeline of the
structure on which they are placed.
2 . All proposed solar installation shall be reviewed
by the Director of Environmental Services and for
consistency with the provisions of the Development
Code.
C.U.P. Conditions of Approval
Page 17 of 19
P.C. Resolution No. 92-18, Exhibit A
T. LIGHTING
1. A typical residential unit lighting plan shall be
submitted to the Director of Environmental Services
by each individual property owner 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 residential lighting should be limited to
the standards of Section 17.54.030 of the
Development Code.
U. APPLIANCES
1. Individual property owners shall be required to
install and maintain in proper working order an
electronic garage door opener for each garage door.
2. Individual property owners shall be required to
install and maintain low water use plumbing fixtures
including, but not limited to, low flow toilets and
shower heads.
V. TRAILS PLAN IMPLEMENTATION
1. Construction of the easy multi-purpose trail which
will be located north of the property shall be the
obligation of the developer. Construction shall
coincide with the project grading activity and shall
be completed upon certification of rough grading.
W. "SPECIAL RULES" (Architectural Guidelines)
1. Plans for individual residences shall comply with
the standards and conditions set forth the "Special
Rules Governing the Processing of Residences within
Tract 49067", attached hereto in Exhibit "B" and
made part of this approval. Requests for approval
of individual residences shall be reviewed for
compliance with said conditions and "Special Rules"
by the Director of Environmental Services.
2 . Individual property owners shall submit written
approval obtained from the established Architectural
Committee (AC) with any requests for approval of
individual residences from the Director of
Environmental Services or by the City's Design
Review Committee, if said Committee is established
prior to final tract approval of public
improvements.
C.U.P. Conditions of Approval
Page 18 of 19
P.C. Resolution No.92-18, Exhibit A
.
3 . Any amendment to Exhibit "B", "Special Rules"
(attached and made a part of these conditions) by
the developer or individual property owner shall
require the approval of the Planning Commission.
C.U.P. Conditions of Approval
Page 19 of 19
P.C. Resolution No. 92-18, Exhibit A