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PC RES 2001-0110*191 1 i L, I kirs-WII A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 151 - REVISION "H" TO MODIFY CONDITIONS OF APPROVAL N-4 REGARDING FENCES AND WALLS, AND Q-1 AND 0-2 REGARDING ADDITIONAL LOT COVERAGE, FOR RESIDENTIAL LOTS WITHIN TRACT 46651 (SEABREEZE) LOCATED AT THE SOUTHWEST CORNER OF CREST ROAD AND HIGHRIDGE ROAD. WHEREAS, on October 15, 1991, the City Council of the City of Rancho Palos Verdes adopted Resolution No 91-73 certifying Environmental Impact Report No. 32, in connection with approval of Tentative Tract Map No 46651, Conditional Use Permit No 151 and Grading Permit No. 1389 for a 63 lot Residential Planned Development on a 59 acre vacant parcel located at the southwest corner of Crest Road and Highridge Road; and, WHEREAS, on August 27, 1996, the Planning Commission held a public hearing to consider Conditional Use Permit No 151 - Revision "A", in conjunction with Tentative Tract Map No 46651 - Amendment No 1, and adopted P C Resolution No. 96-33, approving the Conditional Use Permit Revision to revise certain conditions of approval, and, WHEREAS, on October 1, 1996, the City Council held a public hearing and heard an Appeal of Conditional Use Permit No 151 - Revision "A" by the applicant, and upheld the Planning Commission's decision, and, WHEREAS, on March 18, 1997, the Planning Commission adopted P.C. Resolution No 97- 15, approving Conditional Use Permit No 151 - Revision "B", Grading No. 1389 - Revision "A", adopted P C Resolution No 97-14, recommending City Council approval of Tentative Tract Map No. 46651 - Amendment No. 2, and adopted P.C. Resolution No 97-13, recommending City Council approval of Addendum No 2 to EIR No. 32, all to accommodate minor changes to the conditions of approval and to address a change in grading activity that would create 80,000 cubic yards of soil export; and, WHEREAS, on April 15, 1997, the City Council adopted Resolution No 97-38, approving Addendum No 2 to EIR No 32, and adopted Resolution No 97-37, approving Tentative Tract Map No 46651 - Amendment No 2, and, WHEREAS, on October 28, 1997, the Planning Commission adopted P C Resolution No. 97- 61 in order to accommodate minor changes to two conditions of approval regarding building facade articulation and roof orientation, and, WHEREAS, on May 12, 1998, the Planning Commission adopted P C Resolution No 98-14, approving Conditional Use Permit No. 151 - Revision "D" and Grading Permit No 1389 - Revision "B" seeking approval to change the pad elevations on 8 of the 63 residential lots, and to change the allowable wall/fence height for the rear of lots 43-45 and northerly side of lot 18 from six (6) feet high to nine (9) feet high, and, WHEREAS, on October 13, 1998, the Planning Commission adopted P C Resolution No 98- 35, approving Conditional Use Permit No. 151 - Revision "E" to change the timing of when landscape plans for individual lots are to be submitted for review by the City; and, WHEREAS, on February 9, 1999, the Planning Commission adopted P C Resolution No. 99- 05, approving Conditional Use Permit No 151 — Revision "F" to modify a condition to allow up to a 6 -foot fence within the street side setback of the corner lots within the tract; and, WHEREAS, on May 25, 1999, the Planning Commission adopted P.C. Resolution No. 99-20, approving Conditional Use Permit No 151 — Revision "G" to delete the condition that required submittal of covenants to maintain property to protect views for each parcel, and, WHEREAS, on March 22, 2001, the applicants submitted an application for an amendment to Conditions of Approval N-4 to allow 30 -inch -high walls within the front yard setback, and Q-1 and Q-2 to allow for a cumulative maximum total of 800 square feet for covered patios, trellises and covered walkways to the residential lots and, WHEREAS, on April 20, 2001, the application was deemed complete by Staff; and, WHEREAS, 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 Regulations, 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. 151 -Revision "H" would have a significant effect on the environment because the proposed revision is within the scope of the project analyzed in Final EIR No 32, no additional impact will result from the proposed revisions, and the environmental impacts of the overall project have been previous addressed by the mitigation measures adopted pursuant to Final Environmental Impact Report No 32, and the proposed revision is consistent with these mitigation measures; and, WHEREAS, on May 22, 2001, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission held a public hearing to consider Conditional Use Permit No 151 - Revision "H", 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 The proposed modification to Condition No. N-4 of Conditional Use Permit No 151, thereby allowing for walls up to 30 -inches in height, will not create any significant impacts to the surrounding environment The modification to Conditions Q-1 and Q-2, thereby allowing for a cumulative maximum total of 800 square feet for covered patios, trellises, and covered walkways on the residential lots will not affect or cause any significant impacts to the surrounding properties since the modifications apply only to the Seabreeze Community Section 2 The modifications will not result in a material change to the project, since the change will not alter the overall effectiveness of the Conditions of Approval, and will not change the physical characteristics of the lots within the tract Section 3. The proposed modifications are not contrary to the General Pian because the General Plan designates the subject property for Residential 1-2 d u /acre uses and the properties will continue to be used for residential purposes, and no change in land use is proposed. P C. Resolution No. 2001-11 Page 2 Section 4* In requiring certain safeguards, the Planning Commission has imposed Conditions of Approval, which have been deemed to be the minimum necessary to protect the health, safety, and general welfare The modifications only modify conditions that would allow minor walls in the front yard, and additional lot coverage for specific accessory structures on the residential lots Thus, all other conditions approved by the Planning Commission under PC Resolution Nos 98-35, 99-05 and 99-20, will remain in full force and effect to ensure that development of the tract proceeds in an orderly and efficient manner and in conformity with the intent and purpose set forth in the Development Code Section 5 The proposed revision does not substantially change the project, and the project remains within the scope of the required findings made in conjunction with the original approval of Conditional Use Permit No. 151, which findings are incorporated here by reference Section 6 Any interested person aggrieved of 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 May 22, 2001, the date of the Planning Commission's final action Section 7 For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the Planning Commission hereby approves Conditional Use Permit No. 151 - Revision "N", thereby modifying Conditions of Approval No. N-4, and Q-1 and Q-2 for residential lots within Tract 46651 (the Seabreeze Community) PASSED, APPROVED, and ADOPTED this 22nd day of May 2001 by the following roll call vote AYES. Long, Mueller, Paulson, Vannorsdall NOES Cartwright, Clark ABSTENTIONS- None ABSENT Lyon kJoel oras, Aicec or ofPla ing Building and e Enforcem ; and, Secretary to the Planning Commission e0nAJ aP_) i Frank Lyn 1M —DW 43 �j Chairman PC Resolution No 2001-11 Page 3 , , 'j 10 01 REVISED CONDITIONS OF APPROVAL (N-4, Q-1 and Q-2) Planning Commission Approved on May 22, 2001 (P C Resolution No 2001-11) CONDITIONAL USE PERMIT NO. 151 - REVISION "H" In Association with (TENTATIVE TRACT MAP NO 46651 & GRADING NO 1389) N. DEVELOPMENT PLANS FOR CONSTRUCTION OF INDIVIDUAL RESIDENCES 4 Except as permitted in Condition L1 C, no solid walls or hedges shall be permitted within the street side setback of the residential lots Only fences, which allow a minimum of 80% light and air to pass through, to a maximum height of 6 -feet shall be permitted within the street side setback of lots 22, 23, 35, & 36 only Fences, which allow 80% light and air to pass through to a maximum height of 42", shall be permitted within the front setback of the residential lots A solid wall or combination wall may be permuted within the front setback of the residential lots, provided that the solid wall portion does not exceed a maximum height of 30 -inches Q MINIMUM OPEN SPACE REQUIREMENTS OF INDIVIUDAL RESIDENCES Each lot designated for single story structures shall have a minimum open space requirement of 65 percent of the total lot area Driveway and parking areas, and footprint of the structure (including garage) shall constitute lot coverage In addition to the 35% maximum lot coverage allowed as described above, a cumulative maximum total of 800 square feet of lot coverage shall be allowed for covered patios, trellises, covered walkways, gazebos, storage sheds and other similar structures, and decks over 30 -inches in height 2. Each lot designated for split level or two story structures shall have a minimum open space requirement of 75 percent of the total lot area Driveway and parking, and footprint of the structure (including garage) shall constitute lot coverage. In addition to the 25% maximum lot coverage allowed as described above, a cumulative maximum total of 800 square feet of lot coverage shall be allowed for covered patios, trellises, covered walkways, gazebos, storage sheds and other similar structures, and decks over 30 -inches in height Exhibit "A" Revised Conditions of Approval P.C. Resolution No. 2001-11 Page 1