PC RES 1994-041•
P.C. RESOLUTION NO. 94-41
L-]
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING REVISIONS TO CONDITIONAL
USE PERMIT NO. 162 FOR A RESIDENTIAL PLANNED
DEVELOPMENT AND PUBLIC OPEN SPACE IN ASSOCIATION WITH
VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND
TENTATIVE PARCEL MAP NOS. 20970 AND 23004, LOCATED IN
COASTAL SUBREGIONS 7 AND 8, WHICH COMPRISE THE
DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS.
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 93-53, certifying Environmental Impact Report
No. 36 and adopted Resolution Nos. 92-54, 92-55, 92-56 and 92-57, respectively
approving Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel
Map Nos. 20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal
Permit No. 103 and Grading Permit No. 1541 for a Residential Planned
Development consisting of a total of eighty-three (83) single family dwelling
units, an 18 hole public golf course and public open space on 261.4 acres in
Coastal Subregions 7 and 8; and,
WHEREAS, on August 12, 1992, after finding that an appeal of the City's
approval of the project raised substantial issue, the California Coastal
Commission denied Coastal Permit No. 103, directed then landowners to redesign
the project to address the concerns raised by the Coastal Commission Staff and
remanded the project back to the City of Rancho Palos Verdes for
reconsideration; and,
WHEREAS, on December 7, 1992, the City Council of the City of Rancho
Palos Verdes adopted Resolution No. 92-115 approving the Addendum to
Environmental Impact Report No. 36 and adopted Resolution Nos. 92-116, 92-117,
92-118 and 92-119 approving Revisions to Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use
Permit Nos. 162 and 163, Coastal Permit No. 103, and Grading Permit No. 1541
in order to address concerns raised by the Coastal Commission with regard to
adequate provisions for public open space, public access and habitat
preservation; and,
WHEREAS, on April 15, 1993, the California Coastal Commission approved
Coastal Development Permit No. A -5 -RPV -93-5 (i.e. Coastal Permit No. 103),
subject to additional conditions of approval. In addition, on November 5,
1993, the Coastal Commission adopted revised and expanded findings in
conjunction with the project; and,
WHEREAS, on October 5, 1993, the City Council of the City of Rancho
Palos Verdes adopted Resolution No. 93-89 approving a second Addendum to
Environmental Impact Report No. 36 and adopted Resolution Nos. 93-90, 93-91,
93-92 and 93-93 respectively re -approving Vesting Tentative Tract Map Nos.
50666 and 50667, Tentative Parcel Map Nos. 20970 and 23004, Conditional Use
Permit Nos. 162 and 163, and Grading Permit No. 1541 in order to comply with a
Court mandate to provide affordable housing in conjunction with the project,
pursuant to Government Code Section 65590; and,
WHEREAS, on July 27, 1994, Palos Verdes Land Holdings Company and
Zuckerman Building Company, submitted an application package to the City of
Rancho Palos Verdes, requesting approval for certain revisions to the approved
Ocean Trails project, including, but not limited to, relocation of the golf
course clubhouse from the area southwest of the School District property to an
area north of Half Way Point, locating the golf course maintenance facility
and four (4) affordable housing units southeast of the corner of Palos Verdes
Drive South and Paseo Del Mar, reducing the number of single family
residential lots from eighty-three (83) to seventy-five (75) and increasing
the height of the golf course clubhouse from thirty (30) feet to forty-eight
(48) feet; and,
WHEREAS, on August 9, 1994, after notice issued pursuant to the
provisions of the Development Code, the Planning Commission of the City of
Rancho Palos Verdes held a public hearing to consider Draft Addendum No. 3 to
Environmental Impact Report No. 36 and the proposed Revisions to the Ocean
Trails project, 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: In considering the proposed revisions to the project, the
Planning Commission has determined that the preparation of Addendum No. 3 to
Environmental Impact Report No. 36 is appropriate, since the subsequent
changes in the project will not result in any new significant environmental
impacts which were not previously identified and analyzed in Environmental
Impact Report, that the subsequent changes will not result in an increase in
any previously identified significant environmental impacts, that the Addendum
does not contain new information of substantial importance to the project and
that only minor technical changes or additions are necessary to make
Environmental Impact Report adequate under the provisions of the California
Environmental Quality Act (CEQA).
Further, the revised project will result in a slight decrease in the impacts
identified in the previous EIR, since the number of single family residential
lots will be decreased from eighty three (83) to seventy five (75) lots; the
golf course clubhouse, affordable housing complex and maintenance facility
will be located in areas of the site previously to be occupied by single
family residential lots; the design of the clubhouse steps down with the
terrain so that the upslope portion of the structure will not exceed the
previously permitted 30 feet height limit and only architectural elements (a
stairway tower and two chimneys) will exceed the previously approved ridge
height by 8 feet in order to articulate the building mass and add visual
interest; the amount of public open space and golf course is being increased
by 9.8 acres and 2.1 acres, respectively; the amount of public parking will be
increased by 75 spaces; and, public trails through the site will be increased.
Therefore, based on the review of Draft Addendum No. 3 to Environmental Impact
Report No. 36 prepared in association with the proposed revisions to the Ocean
Trails project, as conditioned, the Planning Commission finds that the project
still mitigates, or reduces to the extent feasible, significant adverse
effects to adjacent properties or the permitted uses thereof. In approving
the revised project, the Planning Commission finds that social, recreational,
and other benefits of the project continue to outweigh any unavoidable adverse
environmental impacts that may occur and that due to overriding benefits and
considerations, any unavoidable adverse environmental impacts of the project
are acceptable. Accordingly, the Planning Commission hereby incorporates into
this P.C. Resolution, by reference, the Final EIR No. 36, the Supplemental
EIR, Addendum Nos. 1 and 2, P.C. Resolution No. 94-38 and Resolution No. 92-
115 (which includes, without limitation, the detailed statement of overriding
considerations set forth therein), pursuant to the California Environmental
Quality Act.
Section 2: Pursuant to Sections 17.06.030 and 17.56.060 of the
Development Code, the Planning Commission, in approving the revisions to
Conditional Use Permit No 162 to implement the Residential Planned
Development, finds as follows:
P.C. Resolution No. 94-41
Page 2 of 4
A. That the proposed uses are consistent with the General Plan and its
objectives. The General Plan land use map designates almost the entire
project site as Residential, with a maximum density of one dwelling unit
per acre, and shows the coastal bluffs as hazard areas. The General
Plan provides for additional commercial recreational uses within the
City as appropriate to a particular location, including golf,
equestrian, tennis and other recreational activities, and designates the
City's entire coastal area as a specific plan district.
With 75 residential units on approximately 77.2 acres, the density is
below one dwelling unit per acre and, therefore, consistent with the
General Plan.
Further, that the project complies with the criteria set forth in the
General Plan for the Natural, Socio/Cultural and Urban Overlay Control
Districts on the site. As conditioned, the project preserves natural
drainage courses and significant geologic, biologic and hydrologic
features in compliance with the Natural Overlay Control District,
protects areas that have significant historical, archeological or
cultural importance in compliance with the Socio/Cultural District and
preserves, protects and enhances public views and vistas in compliance
with the Urban Overlay Control District.
B. That the proposed residential use is specifically permitted and the
proposed residential density is consistent with the Residential Single
Family, One Dwelling Unit Per Acre (RS -1) zoning designation and the
requirements of a Residential Planned Development (RPD) special
district, as shown on the City's Official Zoning Map.
The project provides a minimum of thirty percent of the Residential
Planned Development as common open space, which open space is sited in a
manner that is accessible to viewing by the general public from public
roads and walkways and preserves views to the coast.
C. That given the adjacent land uses and the project's location and design,
as modified herein, and conditions imposed through this permit, the
261.4 acre site is adequate in size and configuration to accommodate the
proposed uses including a Residential Planned Development, golf course
and public open space, and that the Residential Planned Development
complies, or is conditioned to be consistent with, the Development
Standards contained in Development Code Section 17.06.040.
D. That given the adjacent land uses and the project's location and design,
as modified herein, and the conditions imposed by Conditional Use Permit
No. 163, as revised and attached hereto and incorporated herein by
reference, the site is adequate in lot size and configuration to
accommodate the golf course, clubhouse and related facilities.
E. That the site is served by Palos Verdes Drive South which is an improved
street designed to carry the type and quantity of traffic that would be
generated by the proposed project.
F. That, given the site location, project design, and conditions imposed
through this permit and attached hereto as Exhibit "A", including
setbacks, heights, lighting, landscaping, fencing and other conditions,
the proposed use 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.
P.C. Resolution No. 94-41
Page 3 of 4
G. That the proposed project, as conditioned, mitigates or reduces
significant adverse effects to adjacent properties or the permitted Uses
thereof. The Planning Commission finds that the social, recreational,
and other benefits of the project outweigh any unavoidable adverse
environmental impacts that may occur. The project implements the RS-
1/RPD designation of the site as shown in the Official Zoning Map,
General Plan, and Coastal Specific Plan, while preserving a minimum of
thirty (30) percent of each tract as common open space, exclusive of the
golf course Uses, with public parking, trails, and vista points that
will provide public recreational opportunities and preserve public
vistas and habitat areas.
Section 3: All mitigation measures required in Final Environmental
Impact Report No. 36, the Supplement to EIR No. 36, Addendum Nos. 1, and 2 to
EIR No. 36 and Draft Addendum No. 3 to EIR No. 36, are hereby incorporated by
reference into the conditions of approval for the approval of revisions to
Conditional Use Permit No. 162.
Section 5: For the forgoing reasons, and based on information and
findings contained in the public record, including staff reports, minutes,
records of proceedings, and evidence presented at the public hearings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves
revisions to Conditional Use Permit No. 162, subject to the conditions of
approval attached in Exhibit "A", which are necessary to protect the public
health, safety and general welfare, and subject to the approval of revisions
to Vesting Tentative Tract Map Nos. 50666 and 50667, and approval of Draft
Addendum No. 3 to Environmental Impact Report No. 36 by the City Council.
PASSED, APPROVED and ADOPTED on this 23rd day of August, 1994.
/st
BretBet nard, fICP
Dire or of PlantYing, Building and
Code Enforcement, and Secretary to
the Planning Commission
CP/OT3 RECUP162 OT3
Gilbert Alberio
Chairman
P.C. Resolution No. 94-41
Page 4 of 4
"EXHIBIT A"
CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT
CONDITIONAL USE PERMIT NO. 162
I. GENERAL CONDITIONS
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval of the Conditional Use Permit, the
developers shall submit, in writing, a statement that they have read,
understand and agree to all of the conditions of approval contained in
this exhibit.
2. Approval of the revisions to Conditional Use Permit No. 162 is subject
to the approval of revisions to Vesting Tentative Tract Map Nos. 50666
and 50667.
3. The developer shall participate in, and pay any fees required by, the
City's Public Art Program. Any proposal for participation shall be
submitted to the city prior to the issuance of grading permits.
4. 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 $850.00 for a filing fee and a cashier's check in
the amount of $25.00 for a documentary handling fee within 48 hours of
City approval of these permits. The developer shall also pay any fine
imposed by the Department of Fish and Game, if required.
5. This approval is conditioned upon the applicant entering into an
agreement with the City of Rancho Palos Verdes within twenty (20) days
of the date of this approval, subject to approval by the City Attorney,
to indemnify and defend the City against all damages, claims,
judgements, and litigation costs, including, without limitation,
attorney's fees awarded to a prevailing party, arising from the approval
of the project and all issues related thereto.
B. COMPLETION PER APPROVED PLANS
1. The developer shall designate appropriate workable phases (portions of
the development to include adjoining clusters of lots, their streets of
access, finish grading phases, supporting off-site improvements and on-
site drainage and utility improvements) that shall be approved by the
Director of Planning, Building and Code Enforcement and the Director of
Public Works.
2. Any workable phase not under construction which has been scarified
through grading operations shall be irrigated and landscaped. Temporary
irrigation lines may be approved by the Director of Planning, Building
and Code Enforcement.
3. Prior to the issuance of grading permits, the developer shall post a
bond, cash deposit, or other City -approved security to guarantee
substantial vegetative cover and maintenance of all finish graded lots
which have not been sold for development.
4. No building permits shall be issued prior to finish grading within the
workable phase of the site in which each lot is located and until the
Director of Planning, Building and Code Enforcement has determined that
all drainage facilities and common area and off-site improvements in the
workable phase of the site and necessary for development of the phase in
the approved construction plan and as depicted in the approved
construction plan in which the lots or structures are located are
completed, to the extent that the lots or structures are accessible and
able to support development.
5. All lots within each approved workable phase of the tract shall be
graded concurrently.
C. PERMIT EXPIRATION AND COMPLETION DEADLINE
1. Pursuant to Development Code Section 17.67.090, this permit shall expire
within twenty four (24) months from the date that the Coastal Permit
associated with this Conditional Use Permit is approved by the last
responsible agency, unless grading permits for the lots within each
Vesting Tentative Tract Map have been applied for and are being
diligently pursued. Extensions of up to one (1) year each may be
granted by the Planning Commission, if requested in writing prior to
expiration.
2. If finished grading and construction of the streets and utilities have
not been completed and accepted within two (2) years from the date of
recordation of each Final Map, Conditional Use Permit No. 162 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 Planning,
Building and Code Enforcement and is granted by the Planning Commission.
Otherwise, a new Conditional Use Permit must be approved prior to
further development of the tracts.
D. AFFORDABLE HOUSING
1. The developer shall provide a minimum of four (4) dwelling units on-site
as rental housing, which is affordable to very low to low income
households. These units shall be provided on-site in conjunction with
development of the clubhouse and/or golf course maintenance facilities.
Each unit shall contain at least 850 square foot of living space and two
bedrooms. A minimum of two enclosed parking spaces shall be provided
for each unit. The units shall be available for rent within one year of
the opening of the clubhouse. A covenant which guarantees that the
affordable units shall not revert to market rate for a minimum period of
thirty years shall be recorded no later than the date of recordation of
the final map.
Project management, including tenant selection and income monitoring,
shall be provided in a manner to be approved by the City. First
priority for the units shall be given to very low to low income
employees of the Ocean Trails project. Second priority shall be given
to persons within very low to low income levels working within four
miles of the City's coastal zone. Third priority shall be given to
persons within very low to low income levels, regardless of the location
of employment (if employed).
2. The total number of on-site market -rate dwelling units shall be limited
to one dwelling unit per buildable acre of land. However, as an
incentive to the developer to provide affordable housing, the four (4)
affordable dwelling units to be provided on-site, pursuant to Condition
No. D.1 above, shall be allowed to exceed the one dwelling unit per
buildable acre maximum. However, in no event shall more than 79 units
(both market -rate and affordable) be constructed on the total project
site, which includes Vesting Tentative Tract Map Nos. 50666 and 50667.
3. The developer shall provide a minimum of four (4) dwelling units off-
site as rental housing, which shall be affordable to very low to low
income households.
P.C. Resolution No. 94-41
Exhibit "A"
Page 2 of 13
The Off -Bite units shall be located in the City, either within the
City's coastal zone or within three miles thereof, and shall not already
be designated for or used by persons or families of very low to moderate
income levels. The units shall contain at least 850 square feet of
habitable space and two bedrooms. The units shall be available for rent
at the time when 50% of the market -rate lots are available for sale.
The units shall remain affordable to very low to low income households
for a period of at least thirty years after initial occupancy at the
affordable rate.
Project management, including tenant selection and income monitoring,
shall be provided in a manner to be approved by the City. First
priority for the units shall be given to very low to low income
employees of the Ocean Trails project. Second priority shall be given
to persons within very low to low levels working within four miles of
the City's coastal zone. Third priority shall be given to persons
within very low to low income levels, regardless of the location of
employment (if employed).
E. LANDSCAPING
1. Prior to issuance of grading permits, the developer shall submit a final
landscape and irrigation plan to the Director of Planning, Building and
Code Enforcement for review and approval of all common open space areas
within the boundaries of the Vesting Tentative Tracts, roadway medians
and public trails. The final landscape and irrigation plan shall
conform to the California State Model Water Efficient Landscape
Ordinance (per State Assembly Bill 325) and 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 16 feet. Said trees shall be maintained not to
exceed 16 feet in height.
d. The re -seeding and re-establishment of natural plant species for
all of the disturbed common open space areas. Said plan shall
include site specific and non-invasive species, and shall be
reviewed and commented on by the project biologist and interested
parties, and shall be subject to the approval of the Director of
Planning, Building and Code Enforcement.
e. Landscaping and irrigation plans for all rough graded surfaces
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.
9. 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 over -spray.
h. All high water use areas shall be irrigated separately from
drought tolerant areas.
P.C. Resolution No. 94-41
Exhibit "A"
Page 3 of 13
•
i. Irrigation systems shall be on automatic timers and shall be
adjusted for seasonal water needs.
2. Within 30 days after Final Map approval, or before sale of any
individual lot, whichever 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.
F. TRACT FENCING PLANS
1. A complete project fencing plan for each tract included in this approval
(including public trails, habitat areas, warning signage, and proposed
fence and wall details) shall be reviewed and approved by the Director
of Planning, Building and Code Enforcement prior to issuance of grading
permits or recordation of the Final Map, whichever occurs first. It
shall be the responsibility of the developer to install this fencing
prior to sale of any lot within each workable phase. Said fencing plans
shall incorporate the following:
a. A 42 inch high pipe rail fence or similar fencing of suitable
design shall be placed along the length of the bluff top on the
seaward side of the bluff top pedestrian trail, subject to the
review and approval of the Director of Planning, Building and Code
Enforcement. It shall be the responsibility of the developer to
install this fencing and warning signage to coincide with the
construction of the bluff top pedestrian and bicycle trail.
b. A protective fence around the California gnatcatcher habitat areas
and around all wildlife corridors adjacent to residential
development, or as otherwise required by the Director of Planning,
Building and Code Enforcement shall be installed. Fencing of all
enhancement areas shall also be required, subject to the review
and approval of the Director of Planning, Building and Code
Enforcement. Said fencing shall satisfy all requirements of the
project biologist, incorporate a method to prevent domesticated
animals from entering the habitat ares, include appropriate
warning signage, and shall be black or dark green in color.
Temporary fencing shall be installed around the existing wildlife
corridors and habitat areas prior to the issuance of grading
permits and the permanent fencing shall be installed prior to the
sale of any lot within adjacent workable phases.
C. Vesting Tentative Tract Map No. 50666
1) A decorative fence, minimum height five (5) feet and maximum
height six (6) feet, which allows a minimum of 90% light and
air to pass through shall be required along all street side
setbacks and within all rear setback areas (along the rear
and side property lines), except on Lot Nos. 6, 7 and 8. On
Lot Nos. 6, 7 and 8, the fencing along the rear property
line shall be setback a minimum of five (5) feet from the
retaining wall along Street "All (Paseo Del Mar extension).
If not specifically addressed above, said fencing shall be
required along all property lines directly abutting common
open space lots. Said fencing shall meet the minimum
standard design requirements of pool fencing. Any change to
this criteria must be approved by the Director of Planning,
Building and Code Enforcement.
P.C. Resolution No. 94-41
Exhibit "A"
Page 4 of 13
0 •
d. Vesting Tentative Tract Map No. 50667
1) Except for Lot Nos. 18 through 21, a decorative, minimum
height five (5) feet, maximum height six (6) feet fence
which allows a minimum of 90% light and air to pass through
shall be required along all street side setbacks and within
all rear setback areas (along the rear and side property
lines). Said fencing shall also be required along the
western side property line of Lot Nos. 32, 34 and 35 and
along the eastern side property line of Lot No. 33. If not
specifically addressed above, said fencing shall be required
for all property lines directly abutting common open space
lots or the golf course. Said fencing shall meet the
minimum standard design requirements of pool fencing. Any
change to this criteria must be approved by the Director of
Planning, Building and Code Enforcement.
2) A decorative, uniform wall or fence shall be required along
the rear property lines of Lot Nos. 18 through 21.
3) A decorative, minimum height five (5) feet, maximum height
six (6) feet fence which allows a minimum of 90% light and
air to pass through shall be required on that portion of Lot
H abutting Street "C" and the adjacent side property lines
of Lot Nos. 7 and 8.
2. Chain link or other wire fencing is prohibited on any portion of any lot
within the tract, except as otherwise required by the project biologist
for habitat protection.
3. Except as provided in Condition F.I.d.3 above, within the front and
street side setback areas, fences, walls, or hedges up to a maximum of
twenty four (24) inches in height shall be permitted.
G. TRAILS PLAN IMPLEMENTATION
1. Prior to issuance of any grading permit, or prior to recordation of any
final map, whichever occurs first, the developer shall submit a detailed
public amenities plan, including signage, specific design standards and
placement for all trails, vista points and parking facilities, and other
amenities consistent with the Conceptual Trails Plan, subject to the
review of the Recreation and Parks Committee, the Directors of Planning,
Building and Code Enforcement, Public Works and Parks and Recreation,
and approval by the City Council. The public amenities plan shall be
in substantial conformance with the program submitted by the developers
and described in the "Ocean Trails Conceptual Public Amenities and
Coastal Access Program, Rancho Palos Verdes Subregion 7", dated July
1994.
2. Dedication of the public trails shall occur at the time any Final Map is
recorded.
3. Construction of the public trails shall be the obligation of the
developer. Construction shall coincide with the project grading
activity for each approved workable phase within each tract and shall be
completed upon acceptance of street improvements within each tract.
H. MITIGATION MEASURES
1. The development shall comply with all mitigation measures of
Environmental Impact Report No. 36. Where more restrictive language
appears in these conditions of approval, the more restrictive language
shall control.
P.C. Resolution No. 94-41
Exhibit "A"
Page 5 of 13
2. All costs associated with implementation of the Mitigation Monitoring
Program shall be the responsibility of the Developer.
11. DEVELOPMENT OF INDIVIDUAL LOTS
I. NUMBER OF RESIDENTIAL UNITS
1. In addition to the four on-site affordable housing units required in
Condition D.1, no more than thirty nine (39) single family residential
units shall be permitted in Tract No. 50666 and no more than thirty six
(36) single family residential units shall be permitted in Tract 50667.
J. PROJECT DESIGN
1. Prior to the issuance of grading permits, a final tract site plan shall
be submitted to the Director of Planning, Building and Code Enforcement
for review and approval, identifying the location of all lots, streets
and other lot improvements including drainage structures and features,
building pad areas and elevations, and utility easements, as depicted on
Vesting Tentative Tract Map NOB. 50666 and 50667.
2. All single family residential development shall conform to the specific
standards contained in this permit or, if not addressed herein, the RS -1
(RPD) development standards of the Development Code shall apply.
3. Any significant changes in the development characteristics of the
Residential Planned Development, including but not limited to the number
of dwelling units, street and lot configuration or modifications to the
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 any minor changes are made to the
Residential Planned Development, the Director of Planning, Building and
Code Enforcement shall report to the Planning commission a determination
of significance.
4. Developer's of individual properties shall participate in any Design
Review Committee ("DRC") or similar body processes in place at the City
at the time development and/or construction plans for each individual
residence are submitted to the City for review.
5. No grading or construction of permanent structures on any individual lot
shall be allowed closer than twenty-five (25) feet to the Coastal
Setback Zone.
K. COMMON OPEN SPACE BONDS
1. A minimum of 30% of the acreage of each residential Tract No. 50666 and
No. 50667, exclusive of the golf course area shall remain as common open
space. In Tract No. 50666, the lots considered for the purpose of
calculating the minimum required common open space are: Lot A (West
Vista Park) at 1.5 acres in size; Lot B.1 (Forrestal Canyon) at 5.3
acres in size; Lot B.2 (Portuguese Bend Fire Break) at 1.0 acre in size;
Lot C (Forrestal Canyon Fire Break) at 2.4 acres in size; and, Lot J
(Palos Verdes Drive South Frontage) at 2.2 acres. In Tract No. 50667,
the lots considered for the purpose of calculating the minimum required
common open space are: Lot A (La Rotonda Drive Frontage) at 0.6 acres in
size; Lot 8 (Palos Verdes Drive South Frontage) at 3.1 acres in size;
Lot C (La Rotonda Canyon) at 4.2 acres in size; Lot D (East Vista Park)
at 1.2 acres in size; and, Lot H (East Bluff Preserve Fire Break) at 5.3
acres in size.
P.C. Resolution No. 94-41
Exhibit "A"
Page 6 of 13
2. Prior to recordation of each Final Map or commencement of work,
whichever occurs first, the developer shall post a bond, cash deposit,
or other City -approved security to ensure the completion of all common
area improvements including: rough grading, landscaping, irrigation,
public trails, drainage facilities, and other site features as per
approved plans.
L. CC&Rs
1. Prior to approval of the final map, copies of Covenants, Conditions and
Restrictions (CC&Rls) shall be submitted to the Director of Planning,
Building and Code Enforcement and the City Attorney for review and
approval. Said CC&Rls 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 Nos. 50666 and 50667.
2. All necessary legal agreements and documents, including Homeowners'
Association, deed restrictions, covenants, dedication of common open
space and development rights, public easements, and proposed methods of
maintenance and perpetuation of all common open space, on-site drainage
facilities and any other hydrological improvements shall be submitted
and approved by the City Attorney and the Director of Planning, Building
and Code Enforcement prior to approval of each Final Map. Said CC&Rls
shall include, but not be limited to, the following provisions:
a. All provisions required by Section 17.14 (Homeowners' Association)
of the City's Development Code.
b. Membership in the Homeowners' Association shall be inseparable
from ownership in the individual lots.
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 the standards of development
contained in subsections M through 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 Rooflines, Heights,
Lighting, and Appliances). A manual containing this information
shall be provided by the developer and/or Homeowners' Association
to each individual landowner upon purchase of any lot or
residence.
d. All future residential structures, accessory structures,
improvements, and/or landscaping shall be subject to review by the
Director of Planning, Building and Code Enforcement and/or "DRC"
as described below in Condition N.1 and construction and
installations of said structures and improvements shall conform to
the City -approved plans.
e. Dedicate to the City the right to prohibit construction of
residential structures on slopes greater than a 3:1 gradient,
except for Lots in Tract No. 50667 where the building pad is split
by 2:1 transitional slopes.
f. Exterior residential lighting shall be limited to the standards of
Environmental Protection set forth in Section 17.54 of the City
Development Code.
9- Lot coverage, setback, height and private open space shall comply
with the requirements for each residential structure as detailed
in these Conditions of Approval.
P.C. Resolution No. 94-41
Exhibit "A"
Page 7 of 13
h. 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.
i. All landscaping (including parkway trees) shall be selected and
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.
j. No landscaping or accessory structure shall block or significantly
obstruct solar access to any lot.
k. The outlet structures for the on-site drainage improvements shall
be preserved and maintained by the City through the establishment
of a maintenance district comprised of the members of the
Homeowner's Association. A note to this effect shall be placed on
each Final Map.
1. All owner/tenants of lots where storm water flows to the rear yard
shall be responsible for preventing obstruction to flows to the
rear yard storm drain and to ensure that the rear yard storm
drains remain accessible for periodic maintenance by the Los
Angeles County Department of Public Works.
M. Information detailing covenants prohibiting the developer and any
successors in interest of the developer, including but not limited
to, any purchaser of an individual lot in this subdivision, from
contesting the formation of a maintenance district, referred to in
subsection L.2.k. above and in Condition Nos. H.5 and 0.3 of P.C.
Resolution No. 94-39 and Condition Nos. H.5 and 0.2 of P.C.
Resolution No. 94-40.
n. Identification of all public trail easements for pedestrian and
bicycle use. The CC&Rls shall also prohibit individually owned
structures, accessory structures, fences, walls, hedges,
landscaping or any other such obstacle within said trail easements
without the written approval from the City Council of the City of
Rancho Palos Verdes.
3. Within thirty (30) days following recordation of the CC&Rls, the
developer shall submit a recorded copy of the document to the Director
of Planning, Building and Code Enforcement.
M. 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 subject to review and approval by
the Director of Planning, Building and Code Enforcement. In addition,
grading of up to 1,000 cubic yards for residential use of an individual
lot shall be subject to review and approval by the Director of Planning,
Building and Code Enforcement. Grading in excess of 1,000 cubic yards,
or grading to alter the finished pad elevations shall require approval
by the Planning Commission.
2. No construction and/or grading on individual lots, except for 2:1
transitional slopes between split level pad areas on the same lot, shall
be permitted on 3:1 or greater slopes.
3. All retaining walls shall be subject to review and approval by the
Director of Planning, Building and Code Enforcement with subsequent
reporting to the Planning Commission, if required, for review and
approval pursuant to Section 17.50 of the City Development Code.
P.C. Resolution No. 94-41
Exhibit "A"
Page 8 of 13
4. Foundations and floor slabs cast on expansive soils will be designed in
accordance with Los Angeles County Code Section 2907-i.
S. All residential building pad elevations shall substantially conform to
the final grading plan for the Final Map in which the lot is located, as
approved by the Director of Planning, Building and Code Enforcement.
Future landowners are prohibited from raising or lowering the approved
building pad elevations, except for excavations to accommodate
completely subterranean areas (such as basements, wine cellars and
storage areas), as provided for by the Development code.
N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES
1. Prior to issuance of any grading or construction permits for individual
lots subsequent to the completion of finished pads, final improvement
plans for the particular lot and structure shall be submitted to the
Director of Planning, Building and Code Enforcement and/or Design Review
Committee ("DRC") or similar body as described below in Condition N.5
for review and approval. Said plans shall include, but are not limited
to, plot plan, section and elevation drawings, grading and exterior
lighting plans. The plot plan shall clearly show existing and proposed
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. Unless otherwise specified in these conditions of approval, all
structures and development on individual lots shall comply with RS -1
(RPD) development standards.
3. All fencing along interior side and front property lines, if not
otherwise addressed in Sections F.1, F.2, and F.3 above, shall conform
with Section 17.42 of the Rancho Palos Verdes Development Code.
4. Chain link or other wire fence is prohibited on any portion of any lot,
except as otherwise required by project biologist for habitat
protection.
5. Developer's of individual properties shall participate in any Design
Review Committee ("DRC") or similar body processes in place at the City
at the time development and construction plans for each individual
residence are submitted.
6. Development and construction plans for each individual residence shall
comply with the standards and conditions set forth in the "Design
Guidelines" for the tract and shall be incorporated within the CC&RIs
for each tract and attached hereto as Exhibit IIBII and hereby included as
a condition of approval. Requests for approval of individual residences
shall be reviewed for compliance with said conditions and "Design
Guidelines" by the Director of Planning, Building and Code Enforcement
and/or any Design Review Committee ("DRC") in place at the time
development applications for individual residences are submitted.
7. Upon submittal of proposed development and construction plans for each
individual residence to the Director of Planning, Building and Code
Enforcement as described above in Condition N.1, individual property
owners shall provide written approval of the proposed development
obtained from the established Homeowner's Association or any Homeowner's
Association Architectural Committee.
P.C. Resolution No. 94-41
Exhibit "A"
Page 9 of 13
O. 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.
P. SETBACKS
1. The following setbacks shall apply for all structures located in Vesting
Tentative Tract 50666:
a. The minimum front yard setback for all structures on an individual
lot shall be thirty-five (35) feet.
b. The minimum street side setback on all lots shall be twenty (20)
feet.
C. On lots with a minimum lot size between 15,000 and 19,999 square
feet (Lot Nos. 7, 24, 29 and 34 through 39), the minimum interior
side yard setback shall be ten (10) feet on one side, with a
minimum total of thirty (30) feet on both sides.
d. on lots with a minimum lot size between 20,000 and 24,999 square
feet (Lots Nos. 2, 6, 19, 20, 22, 23, 25 through 28, 32 and 33),
the minimum interior side yard setback shall be fifteen (15) feet
on one side, with a minimum total of thirty five (35) feet on both
sides.
e. On lots with a minimum lot size of 25,000 or greater (Lot Nos. 1,
3 through 5, 8 through 18, 21, 30 and 31), the minimum interior
side yard setback shall be fifteen (15) feet on one side, with a
minimum total of forty (40) feet on both sides.
f. The minimum rear yard setback for all structures on an individual
lot shall be thirty-five (35) feet.
2. The following setbacks shall apply for all structures located in Vesting
Tentative Tract 50667:
a. Except for Lot Nos. 7 through 14, and 16 through 21, the minimum
front yard setback for all structures on an individual lot shall
be thirty-five (35) feet. On Lot Nos. 7 through 14, and 16
through 21, the minimum front yard setback for all structures on
an individual lot shall be twenty-five (25) feet.
b. The minimum street side setback on all lots shall be twenty (20)
feet.
C. on lots with a minimum lot size between 15,000 and 19,999 square
feet (Lot Nos. 2 through 17, 19 through 21, 31, 33 and 36), the
minimum interior side yard setback shall be ten (10) feet on one
side, with a minimum total of thirty (30) feet on both sides.
d. On lots with a minimum lot size between 20,000 and 24,999 square
feet (Lots Nos. 18, 22, 24 through 26, 28 through 30, and 32), the
minimum interior side yard setback shall be fifteen (15) feet on
one side, with a minimum total of thirty five (35) feet on both
sides.
e. on lots with a minimum lot size of 25,000 or greater (Lot Nos. 1,
23, 27, 34 and 35), the minimum interior side yard setback shall
be fifteen (15) feet on one side, with a minimum total of forty
(40) feet on both sides.
P.C. Resolution No. 94-41
Exhibit "A"
Page 10 of 13
f. Except for Lot Nos. 7 through 14, 16, 17, 21, 35 and 36, the
minimum rear yard setback for all structures on an individual lot
shall be thirty-five (35) feet. On Lot Nos. 7 through 14, 16, 17,
21, 35 and 36, the minimum rear yard setback for all structures on
an individual lot shall be twenty-five (25) feet.
3. Any other architectural features or appurtenances shall conform to
Section 17.40.030 (E) of the Rancho Palos Verdes Development Code.
4. Except for driveways and parking areas, all of the required front and
street -side setback areas shall be landscaped. Driveways and parking
areas shall not cover more than fifty (50) percent of the required front
or street side setback areas.
5. Except as described below in Condition P.6, no minor or accessory
structures, including but not limited to pool equipment and trash
enclosures, shall be permitted within any required setback area.
6. Trash enclosures and other minor equipment may be permitted within any
interior side yard setback area adjacent to the structure, subject to
review and approval of a Minor Exception Permit.
Q. MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIDUAL RESIDENCES
1. The minimum open space requirement for all lots shall not be less than
60 percent of the lot. Lot coverage shall include the building
footprint, driveway and parking area, covered patios, covered walkways,
and other accessory structures.
2. In addition, the following limitations apply to habitable area of each
structure, dependant on the size of the lot on which the structure is
located:
LOT SIZE
MAXIMUM
MAXIMUM
(RANGE)
HABITABLE SPACE
HABITABLE SPACE
SQUARE FOOTAGE
(RANGE)
6,000 SQUARE FEET
15,000 - 19,999 SQUARE FEET
30%
20,000 - 24,999 SQUARE FEET
30%
7,500 SQUARE FEET
5,000 SQUARE FEET OR GREATER
30%
10,000 SQUARE FEET
N UTB 5 .
a. Lot sizes are based on calculated gross square footage.
b. Maximum Habitable Space includes the living area of all
structures, and does not include garage, access, driveways,
hardscape, and non -habitable basements per the Building Code.
C. No structure on any residential lot(s) shall exceed a maximum of
10,000 square feet.
3. Requests to modify the permitted habitable square footage per lot size
category are subject to a Revision to Conditional Use Permit No. 162.
P.C. Resolution No. 94-41
Exhibit "A"
Page 11 of 13
R. BUILDING FACADES AND ROOFLINES
1. In order to avoid solid, two story facades on any structure, no
unbroken, vertical two-story facades shall be allowed on the front and
rear elevations of the residences. The upper level shall be a minimum
of twenty (20) percent smaller than the footprint of the structure. In
no case should the setback area on the upper level be less than six (6)
feet. This area shall be setback from the lower level on both the front
and rear elevation of each structure. The setback may only be used as a
roof area or an uncovered deck or balcony.
2. The roof of the main structure on each residence shall have a pitch of
at least 2 in 12, except where it is necessary to have small areas with
less pitch in order to comply with Building Code criteria.
3. On Lot Nos. 13 through 21 within Vesting Tentative Tract No. 50666, the
main ridge of the structure shall be parallel to the side property line
and generally perpendicular to Palos Verdes Drive South.
4. On Lot Nos. 22, 23, 35 and 36 within Vesting Tentative Tract No. 50667,
the main ridge of the structure shall be perpendicular to Palos Verdes
Drive South.
5. Roofing materials shall be Class A and non-combustible.
S. HEIGHTS
1. For purposes of identifying lot types and approved heights for all
primary structures within Vesting Tentative Tract Map No. 50666, Lot 1
and Lot Nos. 9 through 39 are designated as Lot Type A. Lot Nos. 2
through 8 are designated Lot Type C.
2. For purposes of identifying lot types and approved heights for all
primary structures within Vesting Tentative Tract Map No. 50667, Lot
Nos. 12 through 14, 22, 23, 34 and 35 are designated as Lot Type A. Lot
Nos. 1 though 11, 15 through 21, 24 through 32, 35 and 36 are designated
Lot Type B.
3. Building heights for all residential structures are limited as follows:
Lot Type A: 16 feet
Lot Type B: 16 feet upslope/28 feet downslope
Lot Type C: 26 feet
4. All heights shall be measured pursuant to Section 17.02.040 of the
Development Code (View Preservation and Restoration Ordinance).
5. The height of all accessory structures shall conform to Section
17.40.050 (C) of the Rancho Palos Verdes Development Code.
6. The subsequent submittal of a Conditional Use Permit Revision to
increase the maximum building heights to exceed those specified in
Condition S.3 above shall be prohibited. Within 30 days after Final Map
approval, or before sale of any individual lot, whichever occurs first,
the developer shall submit to the City a "Covenant to Limit Maximum
Building Height" for each residential lot, according to the height
limits specified in Condition 5.3. All fees associated with recording
said covenants shall be paid by the developer.
P.C. Resolution No. 94-41
Exhibit "A"
Page 12 of 13
T. 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 ridge line of the structure on which they are
placed.
2. All proposed solar installation shall be reviewed by the Director of
Planning, Building and Code Enforcement for consistency with the
provisions of the Development Code.
U. LIGHTING
1. Exterior residential lighting shall be limited to the standards of
Section 17.54.030 of the Development Code.
2. A typical residential unit lighting plan shall be submitted to the
Director of Planning, Building and Code Enforcement for review and
approval prior to issuance of building permits, and there shall be no
direct off-site illumination from any light source.
V. APPLIANCES
1. All units shall be required to install and maintain in proper working
order an electronic garage door opener for each garage door.
2. All units shall be required to install and maintain low water use
plumbing fixtures including, but not limited to, low flow toilets and
shower heads.
CP/OT3 PCI62CON OT3
P.C. Resolution No. 94-41
Exhibit "A"
Page 13 of 13