Rancho Palos Verdes Municipal Code Ch. 17.74 Residential Planned Development Permit

Prior to the submission of an application for a residential planned development permit for a residential planned development, the applicant shall submit a concept plan for preliminary review by the director. No decision will be made by the director; however, the comments and suggestions of the director may assist the applicant in developing more precise plans. The concept plan should include, but is not limited to:

A. A schematic plan showing, in general terms, the uses, proposed densities, types of housing units, open space, streets, extent of grading and landscaping; and

B. Calculations of the site area, number of dwelling units and open space area.

(Code 1981, § 17.74.010; Ord. No. 320, § 7(part), 1997)

An application for a residential planned development permit to allow a residential planned development shall be filed by the applicant and acted upon by the planning commission. A residential planned development permit is a permit for the development of a residential planned development pursuant to chapter 17.42 (Residential Planned Development) of this title, and shall be controlled by the provisions of chapters 17.42 (Residential Planned Development) and 17.74 (Residential Planned Development Permit) of this title. The application shall be accompanied by the following materials:

A. 15 copies of a general development proposal including the following:

1. An architectural and topographical survey map of the site and the area within 100 feet of the site, including all existing structures, improvements, trees, natural features, waterways, elevations and contour lines. The contour interval shall not be more than five feet, except where authorized by the director. An aerial photograph may, with approval of the director, be submitted in lieu of the map;

2. A general development plan showing the general location of all proposed structures and uses, types of housing, location and widths of streets, parking areas, pedestrian and bicycle circulation, recreation facilities, dedicated and commonly owned open space areas, extent of landscaping and grading, (including two section drawings of the site, one generally north-south and one east-west, showing the existing contour and proposed graded contour of the site), geological and soil survey reports method of drainage an indication of the phasing of the development with each phase to be developed, and a time schedule for the completion of each phase;

3. Computations of gross site area, number and sizes of units of various housing types, common open space area and number of covered and uncovered parking spaces. Where the development is to be completed in phases and these computations shall also be shown for each phase of the development;

4. Any of the above requirements may be modified or waived by the director, upon the finding that such requirement is unreasonable or unnecessary for a particular proposal.

B. Three copies of rough drafts of proposed legal agreements and documents, including homeowner's association agreements, deed restrictions, covenants, dedication of development rights, easements and any proposed method of maintenance and perpetuation of open space areas;

C. Full disclosure of governmental programs, if any, under which the housing will be developed; and

D. Such other data or plans as may reasonably be required by the planning commission for a proper and complete consideration of the proposed development;

E. Where subdivision of land is intended, tentative maps may be processed concurrently with the residential planned development permit application. Such tentative maps shall be drawn and submitted as per title 16.

(Code 1981, § 17.74.020; Ord. No. 320, § 7(part), 1997)

If, at the request of the applicant, revisions to the general development plans are desired, the following guidelines will be used by the director:

A. For minor revisions not involving a change in use, increase in density or extent or general location of buildings, or reduction in area of open space, the plans need not be returned to the planning commission; however, approval of the director is required.

B. For revisions involving an increase in density or reduction of open space of no more than ten percent; and which do not entail a major change in the locations of buildings and open space, the revised plans must be reviewed by the planning commission and the residential planned development permit must be amended as necessary.

C. For major revisions involving a change in use or a decrease in the area of open space exceeding ten percent or any other change which is not addressed by subsections (A) and (B) of this section, a new residential planned development permit application must be filed, a new filing fee paid, and public hearing scheduled.

(Code 1981, § 17.74.030; Ord. No. 320, § 7(part), 1997)

Prior to issuance of a building or grading permit, and prior to approval of a final map where a subdivision is involved, a bond, or other acceptable security, shall be posted to ensure the completion of all common area and off-site improvements within any phase of the development, including landscaping, recreational facilities and other site features as per approved plans.

(Code 1981, § 17.74.040; Ord. No. 320, § 7(part), 1997)

A. No occupancy permit shall be granted for any structure, and no parcel, lot or portion of a residential planned development shall be separately sold or encumbered, without the approval of the director. The director may grant such approval upon finding that the common area and off-site improvements for the portion of the development in which such structure, parcel or lot is located are sufficiently complete, so that any dwelling units sold, or units to be constructed on lots sold, will be accessible and livable and that all dwelling units indicated upon approved plans are substantially completed to such an extent that all exterior walls are covered. A bond or other guarantee may be accepted by the director in lieu of substantial completion of common area improvements, off-site improvements and dwelling units indicated upon approved plans.

B. The planning commission may waive the requirement of substantial completion of all dwelling units upon a finding that substantial completion is not necessary to protect the interests of the city and the residents of the development.

C. The planning commission may authorize the issuance of an occupancy permit for a portion of a residential planned development which is a functional whole, and which meets the density and open space requirements of this title.

D. The planning commission may waive the requirements of substantial completion pursuant to subsection (B) of this section or authorize division of a residential planned development, pursuant to subsection (C) of this section, at any hearing on the development, noticed pursuant to the conditional use permit notice requirements described in chapter 17.60 (Conditional Use Permits) of this title. An appeal to the city council from any such decision of the planning commission may be made pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.74.050; Ord. No. 320, § 7(part), 1997)

Notwithstanding the permit expiration regulations described in section 17.86.070 (Expiration of Permit Upon Nonuse) of this title, if construction has not been completed to the point of foundation inspection for a unit within one year or if a phase has not been completed within two years from the date of approval of the final development proposal for the phase, the residential planned development permit shall expire and be of no further effect. A one-year extension may be granted by the planning commission for good cause, where conditions of the surrounding area have not changed to the extent that the general development proposal for the development or the final development proposal for any phase no longer meets the residential planned development permit or plan review criteria.

(Code 1981, § 17.74.060; Ord. No. 320, § 7(part), 1997)

A. The design of the project shall include common recreation facilities not normally provided in a standard residential development, which would occur under the applicable base zoning district development standards of this title. The planning commission may grant a residential planned development permit only if it finds:

1. The proposed residential planned development conforms to the intent of the general plan and any specific plan adopted by the city;

2. The proposed residential planned development conforms to the uses and development standards contained in chapter 17.42 (Residential Planned Development) of this title;

3. The proposed residential planned development conforms to the intent of the provisions and requirements of this title, including, but not limited to, the residential development standards of chapter 17.02 (Single-Family Residential (RS) Districts) of this title. In particular, the plans indicate that adequate consideration has been given to the scale, architectural styles and materials of both the proposed and surrounding residences;

4. The site and grading plans indicate adequate consideration for the preservation of existing trees and native plant growth, watercourses and other natural features, and natural topography. Creation of individual pads for each home site, in hillside areas, shall be discouraged. Building design shall accommodate the site;

5. The plans for the proposed development show that adequate consideration has been given to privacy at the individual, family and neighborhood levels, including visual and acoustical privacy, in terms of the separation or orientation of dwelling units and private outdoor living areas;

6. The plans indicate that adequate consideration has been given to auto and pedestrian circulation, discouraging through-traffic on local streets, speed control, access, convenience, safety and the recreational aspects of pedestrian and bicycle circulation; and an indication on the plans that the design of any proposed streets that vary from city standards will perform the function required and that the off-site improvements will not create maintenance costs to the city which greatly exceed the costs for standard off-site improvements;

7. The plans indicate that common open space areas will be suitable for recreational use and valuable for views, conservation or separation of dwelling units;

8. The plans indicate that adequate consideration has been given to the provision of common recreation areas and facilities, in relation to the size of the private lots and reduced recreation opportunities in private yards;

9. The plans indicate adequate consideration for adjacent existing and future developments, and the extension of the circulation, open space, drainage and utility systems from one development to another;

10. That, in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof;

11. That if the site of the proposed use is within any of the overlay control districts established by chapter 17.40 (Overlay Control Districts) of this title, the proposed use complies with all applicable requirements of that chapter; and

12. That the conditions regarding any of the following requirements, which the planning commission finds to be necessary to protect the health, safety and general welfare, have been imposed:

a. Special setbacks and buffers;

b. Fences or walls;

c. Lighting;

d. Vehicular ingress and egress;

e. Noise, vibration, odors and similar emissions;

f. Landscaping;

g. Maintenance of structures, grounds or signs;

h. Service roads or alleys; and

i. Such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

(Code 1981, § 17.74.070; Ord. No. 320, § 7(part), 1997)