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PC RES 1997-012t- 1 P.C. RESOLUTION NO. 97-12 i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 158 - REVISION "A" FOR MINOR AMENDMENTS TO THE DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES WITHIN THE APPROVED RESIDENTIAL PLANNED DEVELOPMENT; AND, FORWARDING A RECOMMENDATION OF SUBSTANTIAL CONFORMANCE WITH APPROVED VESTING TENTATIVE TRACT MAP NO. 46628 TO THE CITY COUNCIL WHEREAS, on March 17, 1992, the City Council approved Conditional Use Permit No 158 and Vesting Tentative Tract Map No. 46628 for a Residential Planned Development with 79 single family lots and 5 open space lots on a 132 acre vacant site located seaward of the terminus of Palos Verdes Drive West and Hawthorne Boulevard, between Lunada Pointe on the north and the Point Vicente Interpretive Center on the south, and, WHEREAS, as part of the dedication of nearly 71 acres of open space to the City, the project is conditioned to preserve certain areas of the site for wildlife habitat and to enhance the existing Coastal Sage Scrub habitat areas for use by the California gnatcatcher; and, WHEREAS, the subject property was recently purchased by J.M. Peters Company, who wishes to proceed with the approved Vesting Tentative Tract Map; and, WHEREAS, shortly after the approval of the project in 1992, the California gnatcatcher was listed as a federally threatened species and the City enrolled in the Natural Communities Conservation Planning (NCCP) program In order for the developer to remove Coastal Sage Scrub habitat on the property prior to the adoption and certification of the City's NCCP program, the City must issue a special approval ("4d" Permit), and the United States Department of Fish and Wildlife must concur with the issuance of this permit; and, WHEREAS, in order to concur with the 4d Permit, the Unites States Fish and Wildlife Service has requested that the developer slightly modify the layout of the approved Vesting Tentative Tract Map, in order to provide a better connection between the habitat areas on the subject site and other habitat areas in the area, particularly the City Hall (upper Pointe Vicente Park) property. ,City Staff determined that the minor modification to the approved map would require the amendment of several of the conditions of approval for the Residential Planned Development approved through Conditional Use Permit No 158 and a determination that the map was in substantial conformance with approved Vesting Tentative Tract Map No 46628, and, WHEREAS, on February 14, 1997, the J.M. Peters Company submitted an application for Conditional Use Permit No. 158 - Revision "A" and an "information only" map to the Department of Planning, Building and Code Enforcement, with a request that the City find the map to be in substantial conformance with approved Vesting Tentative Tract Map No 46628; and, WHEREAS, after a courtesy notice was sent to all property owners within a 500 foot radius of the subject property, on February 25, 1997, the Planning Commission held a hearing on the project, at which time all interested parties were given an opportunity to be heard and to present evidence NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The subject property is adequate in size and configuration to accommodate the modified residential and open space project since the number of single family lots and open space lots will remain the same; the lot sizes and dimensions, street layout and public trails are generally consistent with the approved project; and, the total amount of acreage contained in the open space lots will remain the same Section 2: The site will continue to be served by Palos Verdes Drive West and Hawthorne Boulevard, which are both improved streets designed to carry the type and quantity of traffic that would be generated by the proposed project Section 3 Given the site location, project design and amended conditions imposed through this revision, 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 since the residential density is not being increased, public and private views will continue to be protected over the site, the budding pads of several lots were be made more regular to more easily accommodate residential construction, and the public access to the bluff top road and open space areas will be preserved Section 4• The proposed project, as modified, further mitigates or reduces significant adverse effects on the wildlife habitat areas on the site, since the proposed modifications will provide increased connectivity between the habitat areas on the subject site and those on adjacent off-site properties in the surrounding area P C Resolution No. 97-12 Page 2 of 6 Section 5: The "information only" map submitted by the applicant, is in substantial compliance with the approved Vesting Tentative Tract Map No 46628, since the number of single family lots and open space lots are the same; the lot sizes and dimensions, street layout and public trails are generally consistent with the approved project, and, the total amount of acreage contained in the open space lots will remain the same. Section 6 Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et seq , the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Conditional Use Permit No. 158 - Revision "A" would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 1, Section 15301(b)), and, Section 7, Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.56 070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following February 25, 1997, the date of the Planning Commission's final action Section 8 For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby: 1) Approves Conditional Use Permit No 158 - Revision "A", subject to the revised conditions of approval contained in Exhibit "A" attached to this resolution and made a part thereof. This approval is subject a finding by the City Council that the "information only" map submitted by the applicant is in substantial conformance with Vesting Tentative Tract Map No 46628. If the City Council does not find that the "information only" map is in substantial conformance with the approved vesting tentative tract map, the approval of Conditional Use Permit No 158 - Revision "A" shall become null and void, and, 2) forwards a recommendation finding substantial conformance between the "information only" map dated as received by the City on February 20, 1997 and approved Vesting Tentative Tract Map No. 46628 to the City Council P.C. Resolution No 97-12 Page 3of6 PASSED, APPROVED and ADOPTED this 25th day of February 1997, by the following vote: AYES. Commissioners Alberio, Cartwright, Clark, Ng, and Chairman Vannorsdall ABSTENTIONS - ABSENT Commissioner Slayden and Vice Chairman Whiteneck ��-" If Val, Donald E Vannorsdall Chairman RION Carolynn Pbtru Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission P C Resolution No 97-12 Page 4 of 6 EXHIBIT "A' CONDITIONAL USE PERMIT NO. 158 - REVISION "A" CONDITIONS OF APPROVAL The following Conditions of Approval contained in Resolution No 92-27 are amended to now read as indicated below K. LANDSCAPING FOR ALL COMMON AREAS 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 open space areas, habitat areas, roadway medians and public trails. Landscaping and irrigation plans shall include the following, d The re -seeding and re-establishment of native plant species for all of the disturbed open space areas, including, but not limited to the wetlands, the northern drainage course, the wildlife corridor between Lots 226 25 and 2-7 26, and the California gnatcatcher habitat enhancement area. Q. SETBACKS 4. The minimum rear yard setback shall be twenty-five (25) feet on Lots 31 to 57 and Lots 58 to 68 67, 78 and 79 No accessory structures (except pools and in -ground spas) and minor equipment shall be permitted within the rear yard setback of these lots. 5 The minimum rear yard setback shall be fifty (50) feet on Lots 1 to 30 and Lots 69 68 to 79 77. No accessory structures (except pools and in -ground spas) and minor equipment shall be permitted within the rear yard setback of these lots R. BUILDING FACADE AND ROOFLINES 3. On Lots 30 to 33, 39 to 45 and 7-8 69 to 7i- 70 which are close to Palos Verdes Drive West, the main ridge of the structure shall be perpendicular to Palos Verdes Drive West P C Resolution No. 97-12 Page 5 of 6 S HEIGHTS 1 Building heights for all residential structures are limited as follows Lots 1 - 3 26 feet Lots 4 - 28 16 feet upslope/26 feet downslope Lots 29 - 35 16 feet Lots 36 - 37 16 feet upslope/26 feet downslope Lots 38 - 39 16 feet Lots 40 - 53 16 feet upslope/26 feet downslope Lots 54 - 57 26 feet Lots 58 - 66 72 46 18 feet upslopei24 feet downslope feet dowi Lots 69 - 72 Lots 73 - 7-9 77 16 feet apslopeI24 islopre 4618 feet tips'upe/24 feet downslope Lots 78 - 79 16 feet N:\GROUP\PLANNING\RESOS\PC\CUP158.RVA PC Resolution No 97-12 Page 6of6