CC RES 2001-008 RESOLUTION NO. 2001-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, DENYING THE APPEAL AND
THEREBY UPHOLDING THE PLANNING COMMISSION'S
APPROVAL OF COASTAL PERMIT NO. 94-REVISION `A'
AND ENCROACHMENT PERMIT NO. 32 FOR TRACT
ENTRY OBSERVATION BOOTHS IN THE PUBLIC RIGHTS-
OF-WAY OF PASEO DE LA LUZ, VIA DEL CIELO AND
CALLE VIENTO, FOR THE OCEANFRONT PROJECT
(TRACT MAP NO. 46628), LOCATED AT HAWTHORNE
BOULEVARD AND PALOS VERDES DRIVE WEST
WHEREAS, on March 17, 1992, the City Council adopted Resolution No. 92-27,
approving Conditional Use Permit No. 158 in conjunction with Vesting Tentative Tract Map
No. 46628 for a residential planned development of seventy-nine single-family lots and five
open space lots on a 132-acre vacant site, located seaward of the terminus of Hawthorne
Boulevard at Palos Verdes Drive West, between the Lunada Pointe community on the
north and the Point Vicente Interpretive Center on the south; and,
WHEREAS, on February 25, 1997, the Planning Commission adopted P.C.
Resolution No. 97-12, approving Conditional Use Permit No. 158-Revision 'A' for minor
revisions to certain conditions of approval related to the relocation of Lots 78 and 79 of
Vesting Tentative Tract Map No. 46628, as required by the U.S. Fish and Wildlife Service;
and this action was subsequently upheld by the City Council on March 11, 1997; and,
WHEREAS, on April 14, 1998, the Planning Commission adopted P.C. Resolution
No. 98-13, approving Conditional Use Permit No. 158-Revision 'B' for miscellaneous
revisions to the development standards for Vesting Tentative Tract Map No. 46628; but this
action was subsequently overturned on appeal to the City Council on June 16, 1998; and,
WHEREAS, on August 23, 2000 and September 28, 2000, the applicant, RPV
Associates LLC, submitted applications for Conditional Use Permit No. 158-Revision 'C,
Coastal Permit No. 94-Revision `A', Encroachment Permit No. 32 and Sign Permit No.
1096 to allow the replacement of sections of 3-foot-tall tract perimeter fence with small
sections of solid wall up to six feet in height at the tract entries, installation of two 14-foot-
tall manned tract entry observation booths in the public rights-of-way of Via Vicente and
Calle Entradero, and installation of tract identification signs for the Oceanfront project
(Tract No. 46628); and,
WHEREAS, on September 28, 2000, the applications for Conditional Use Permit
No. 158-Revision 'C, Coastal Permit No. 94-Revision `A', Encroachment Permit No. 32 and
Sign Permit No. 1096 were deemed complete by Staff; and,
WHEREAS, on November 14, 2000, the City and the applicant agreed to a 90-day
extension of the decision deadline for these applications; 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. 158-Revision 'C,
Coastal Permit No. 94-Revision `A', Encroachment Permit No. 32 and Sign Permit No.
1096 would have a significant effect on the environment because the environmental
impacts of the project have been previous addressed by the mitigation measures adopted
pursuant to Final Environmental Impact Report No. 35, and the proposed revisions to the
project will not cause any new significant environmental effects and, therefore, are within
the scope of the project analyzed in Final Environmental Impact Report No. 35 and are
consistent with the approved mitigation measures; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on October 24, 2000, November 14, 2000 and November 28, 2000, at which time all
interested parties were given an opportunity to be heard and present evidence; and,
WHEREAS, on November 28, 2000, the Planning Commission adopted P.C.
Resolution No. 2000-41, thereby conditionally approving Conditional Use Permit No. 158-
Revision 'C and Sign Permit No. 1096 for small sections of maximum 6-foot-tall perimeter
wall, fountains and tract identification signs, and Coastal Permit No. 94-Revision `A' and
Encroachment Permit No. 32 for tract entry observation booths in the public rights-of-way
of Paseo de la Luz, Via del Cielo and Calle Viento; and,
WHEREAS, on December 6, 2000, and within the 15-day appeal period prescribed
by the Rancho Palos Verdes Development Code, Mayor Pro Tem John McTaggart filed a
request with the City Manager for City Council consideration of an appeal of the Planning
Commission's approval of Conditional Use Permit No. 158-Revision 'C, Coastal Permit No.
94-Revision `A', Encroachment Permit No. 32 and Sign Permit No. 1096, pursuant to
Section 17.80.130 of the Rancho Palos Verdes Development Code; and,
WHEREAS, on December 11, 2000, City Councilmember Douglas Stern filed a
similar request with the City Manager; and,
WHEREAS, on December 19, 2000, a majority of the City Council agreed to appeal
and review the Planning Commission's approval of Coastal Permit No. 94-Revision `A' and
Encroachment Permit No. 32 for the tract entry observation booths only; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on January
16, 2001 and February 6, 2001, at which time all interested parties were given an
opportunity to be heard and present evidence.
Resolution No. 2001-08
Page 2 of 11
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council makes the following findings of fact with respect to
the applications for Coastal Permit No. 94-Revision `A' and Encroachment Permit No. 32
for the proposed manned tract entry observation booths in the rights-of-way of Paseo de
la Luz, Via del Cielo and Calle Viento:
A. The installation of the proposed manned tract entry observation booths is consistent
with the Coastal Specific Plan and the City's original approval of Coastal Permit
No. 94. The Visual Corridors Section of the Corridors Element of the Coastal
Specific Plan identifies the entire frontage of the Oceanfront project as a sensitive
visual corridor. The modified 12-foot-tall booths at the entries to Paseo de la Luz,
Via del Cielo and Calle Viento will not significantly impair ocean views from Palos
Verdes Drive West or Hawthorne Boulevard. Therefore, as modified and
conditioned by this action, the revised tract entry observation booths are consistent
with the Visual Corridors Section of the Corridors Element of the Coastal Specific
Plan.
B. The installation of the proposed manned tract entry observation booths is consistent
with the applicable public access policies of the Coastal Act and the City's original
approval of Coastal Permit No. 94. The Oceanfront project was required to provide
public coastal access in the form of the bluff-top loop road and trail system. Both
of these public access features are primarily accessible at the two tract entry points
on Palos Verdes Drive West. The modified 12-foot-tall booths at the entries to
Paseo de la Luz, Via del Cielo and Calle Viento will not interfere with the general
public's ability to access the public bluff-top loop road and trail system, nor the
interior public streets of the tract. This is consistent with Section 30211 of the
Coastal Act, which states that "[development] shall not interfere with the public's
right of access to the sea where acquired through use or legislative authorization."
In addition, the modified booths may provide improved security for the residents of
the Oceanfront community, as well as for members of the public who will use the
trails and streets in this tract. This is consistent with Section 30214(b) of the
Coastal Act, which requires that "the public access policies of[the Coastal Act] be
carried out in a reasonable manner that consider the equities and that balances the
rights of the individual property owner with the public's constitutional right of
access." Therefore, as modified and conditioned by this action, the revised tract
entry observation booths are consistent with the applicable coastal access policies
of the Coastal Act.
C. The encroachment of the proposed manned tract entry observation booths into the
public rights-of-way of Paseo de la Luz, Via del Cielo and Calle Viento is in the best
interest of the City. The modified booths will have no significant adverse impact
Resolution No. 2001-08
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upon public or private views. In addition, the relocation of the booths away from the
bluff-top loop road (Via Vicente/Calle Entradero) will not create a psychological
barrier to public access to the community. The modified booths, as conditioned, will
be consistent with the development standards for such structures, as established
by City Council Policy No. 31, with the exception that they will exceed one hundred
twenty square feet (120 ft2) in area. However, City Council Policy No. 31 also
requires the booths to "be compatible with the character and architectural styles of
surrounding residences," and the Planning Commission finds that booths at a
maximum size of two hundred fifty square feet (250 ft2) in area would be more in
keeping with the homes in the Oceanfront community. Therefore, as modified and
conditioned by this action, the revised tract entry observation booths are in the
City's best interest.
D. The encroachment of the proposed manned tract entry observation booths into the
public rights-of-way of Paseo de Ia Luz, Via del Cielo and Calle Viento is not
detrimental to public health and safety. One of the primary purposes of these
booths is to enhance the safety and security of the Oceanfront community. In
addition, the booths will be required to be constructed in compliance with all
applicable Building codes. Therefore, the revised booths will not be detrimental to
public health and safety.
E. There is no alternative location on private property to accommodate the proposed
tract entry observation booths. The medians in Paseo de la Luz, Via del Cielo and
Calle Viento are located within public rights-of-way. For the purposes of monitoring
vehicles entering and exiting the community, the placement of the booths in these
medians is the most logical location. In addition, the properties to one or both sides
at each of these entries are open space lots that have been dedicated to the City.
As such, there are no alternative locations for these booths that will not be in either
public right-of-way or on other public property that has been dedicated for open
space purposes. Therefore, there is no alternative location on private property for
the revised booths.
F. The encroachment of the proposed manned tract entry observation booths into the
public rights-of-way of Paseo de la Luz, Via del Cielo and Calle Viento has been
designed in the safest manner possible. The relocation of the proposed booths to
the entries of the interior streets minimizes traffic conflicts on the bluff-top loop road
(Via Vicente/Calle Entradero). In addition, the approval of the booths will be
conditioned to incorporate features such as bollards that will protect the safety of
the booths themselves. Therefore, the revised booths have been designed in the
safest manner possible.
G. The encroachment of the proposed manned tract entry observation booths into the
public rights-of-way of Paseo de Ia Luz, Via del Cielo and Calle Viento does not
Resolution No. 2001-08
Page 4 of 11
result in significant impairment of either public or private views. The relocated
booths no longer impair direct and indirect ocean views from the rights-of-way of
Hawthorne Boulevard and Palos Verdes Drive West. In addition, the relocation of
the booths minimizes the impairment of views from private property on Via Cambron
and Rue Langlois, which are located on the inland side of Palos Verdes Drive West.
Therefore, the revised booths will not result in significant view impairment.
Section 2: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
Section 3: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council
of the City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the
Planning Commission's approval of Coastal Permit No. 94-Revision `A' and Encroachment
Permit No. 32 for tract entry observation booths in the public rights-of-way of Paseo de la
Luz, Via del Cielo and Calle Viento, for the Oceanfront project (Tract Map No. 46628),
located at Hawthorne Boulevard and Palos Verdes Drive West, subject to the conditions
contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to
protect the public health, safety and welfare in the area.
Resolution No. 2001-08
Page 5 of 11
PASSED, APPROVED, AND ADOPTED this 6th day of February 2001.
MAY R
ATTEST:
;wao -
C CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2001-08 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on February 6, 2001.
„f`/.
/J /
City Clerk
City of Rancho Palos Verdes
Resolution No. 2001-08
Page 6 of 11
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR COASTAL PERMIT NO. 94-REVISION `A'
AND ENCROACHMENT PERMIT NO. 32
(Oceanfront, Tract No. 46628)
General
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and
the property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. This approval is for the installation of three (3) manned tract entry observation
booths for the Oceanfront project (Tract No. 46628). The maximum height of the
tract entry observation booths shall be twelve feet (12'0") and the maximum size of
the booths shall be two hundred fifty square feet (250 ft2). The Director of Planning,
Building and Code Enforcement is authorized to make minor modifications to the
approved plans and any of the conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the approved
plans and conditions. Otherwise, any substantive change to the project shall
require approval of a revision to Coastal Permit No. 94-Revision `A' and
Encroachment Permit No. 32 by the Planning Commission and shall require new
and separate environmental review.
3. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-1 district
development standards of the City's Municipal Code and the special development
standards for the Oceanfront community pursuant to Conditional Use Permit
No. 158 and revisions thereto.
4. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
5. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless, prior
to expiration, a written request for extension is filed with the Department of
Planning, Building and Code Enforcement and is approved by the Director.
Resolution No. 2001-08
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Otherwise, a coastal permit revision and encroachment permit revision must be
approved prior to further development.
6. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
7. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of this Resolution.
8. Unless otherwise designated in these conditions, the approved project shall be
subject to all of the conditions of approval for Vesting Tentative Tract Map
No. 46628, Final Environmental Impact Report No. 35, Conditional Use Permit
No. 158, Coastal Permit No. 94 and Grading Permit No. 1439, as adopted by the
City Council on March 17, 1992. Said conditions of approval are incorporated
herein by this reference.
9. The conceptual landscaping depicted on the approved plans is not a part of this
approval. The landscaping at the tract entries shall be subject to the review and
approval of a precise landscape plan by the Director of Planning, Building and Code
Enforcement, and shall be installed and maintained so as not to significantly impair
protected views from surrounding properties or public rights-of-way.
10. Prior to the construction of the booths approved by this permit, or within thirty (30)
days of the final effective date of the City's action on these applications, whichever
occurs first, the developer shall open the bluff-top loop road (Via Vicente/Calle
Entradero) and all other streets in this tract to vehicular traffic and shall complete
the off-street parking lot and the two on-street parking turnouts. The developer shall
be responsible for the completion of any remaining paving, striping and signage for
the loop road and parking areas, to the satisfaction of the Director of Public Works
and the Director of Planning, Building and Code Enforcement. Once the bluff-top
loop road is open to vehicular traffic, if the developer chooses to retain security
personnel on the site, they shall not act to impede or discourage general public
access to the bluff-top loop road or any other streets in this tract, parking areas or
trail system by pedestrians, bicyclists and/or motorists. Within thirty (30) days of the
final effective date of the City's action, the developer shall also submit a sign plan
for public access and trail signage for the review and approval of the Director of
Planning, Building and Code Enforcement, using the approved Ocean Trails sign
program as a model.
Resolution No. 2001-08
Page 8 of 11
Coastal Permit No. 94-Revision `A' and Encroachment Permit No. 32
11. The maximum height of each tract entry observation booth shall not exceed twelve
feet (12'0"). No cupolas or other architectural features in excess of the 12-foot-
height limit will be permitted. No vehicle gates will be permitted, whether functional
or non-functional.
12. Each tract entry observation booth shall not exceed a maximum of two hundred fifty
square feet (250 ft2) in area.
13. Restroom facilities shall be provided within each tract entry observation booth for
the use of security personnel. Said restrooms shall be handicap-accessible, subject
to the review and approval of the City's Building Official.
14. All necessary utilities for the tract entry observation booths shall be located
underground. The developer shall be responsible for obtaining the applicable
permits for all necessary utility connections.
15. All minimum sight distances and turning radii shall be maintained, subject to review
and approval by the City's Traffic Committee and/or engineering consultant.
16. The tract entry observation booths shall be located entirely within the curbed,
landscaped medians of Paseo de la Luz, Via del Cielo and Calle Viento.
17. No portion of any eave and/or overhang shall extend beyond the edge of the curb
of the landscape median, or into any travel lanes. The booths shall be designed to
maintain appropriate lateral and overhead clearance to ensure that large and/or
high-profile vehicles or trucks will not hit the overhangs on the building.
18. Protective bollards shall be installed at each corner of the booths to reduce the
potential for accidental damage caused by vehicles.
19. The observation booths shall be compatible with the character and architectural
styles of surrounding residences, subject to the final review and approval of the
Director of Planning, Building and Code Enforcement.
20. Directional and informational signage shall be required in association with
construction of the observation booths. Said signage shall inform the general public
of the public status of the streets and the availability of public access to the trails
and other coastal resources within the Oceanfront community. The final language,
design and placement of said signage shall be subject to the review and approval
of the Director of Planning, Building and Code Enforcement, and the signs shall be
installed prior to the commencement of use of the booths. Installation of signs with
Resolution No. 2001-08
Page 9 of 11
changeable copy intended to provide general information regarding upcoming
events, meetings, etc., shall not be permitted within the public right-of-way.
21. Any proposed exterior lighting shall be located on the facade of the booths or under
the eaves, at a maximum height of ten feet (10'0"). All exterior lighting shall be
shielded and directed downwards to prevent direct illumination of or towards
surrounding properties.
22. Ingress/egress vehicle lanes shall be a minimum of eighteen feet (18'0") wide at the
observation booths to allow vehicles to pass a stopped vehicle. Wider travel lanes
may be required at the discretion of the City.
23. Approval of Encroachment Permit No. 32 shall be subject to the following additional
conditions:
a. The developer shall comply with all recommendations and requirements, if
any, of the City's Planning Commission, Traffic Committee, or Traffic
Engineer.
b. Prior to construction of the observation booths, the developer shall submit to
the City a "Hold Harmless" agreement for recordation, to the satisfaction of
the City Attorney.
c. Prior to construction of the observation booths, the developer shall submit to
the City a Use Restriction Covenant for recordation, agreeing to remove the
encroachments within sixty (60) days of notice given by the Director of Public
Works, except in case of an emergency where less notice may be required.
The owner shall also acknowledge that failure to remove the encroachments
within the specified time will result in removal of the structures by the City,
and that the developer shall be billed by the City for the costs of removal of
the encroaching structures.
d. Prior to construction of the observation booths, the developer shall obtain a
minimum of one million dollars ($1,000,000) liability insurance, issued by an
insurance company admitted to do business in the State of California,
naming the City as an additional insured, subject to review and acceptance
by the City Attorney. Proof of said insurance shall be provided to the City
annually.
e. Prior to construction of the observation booths, the developer shall obtain an
Encroachment Permit from the Department of Public Works. The owner shall
be responsible for any fees associated with the issuance of said permit.
Resolution No. 2001-08
Page 10 of 11
f. The encroachments shall be constructed and installed in accordance with the
approved plans, and the developer shall comply with all conditions and
requirements that are imposed on the project.
g. Prior to construction of the encroachments, the applicant shall submit to the
City a covenant, subject to the satisfaction of the City Attorney, which
records these requirements (including all provision of Condition Nos. 1
through 25 hereof) as conditions running with the land, and binding all future
owners of the property which is benefited by the encroachment (i.e.,
underlying right-of-way, adjacent property, or common area owned by a
homeowners association, if any), until such time as the encroaching
structures are removed from the right-of-way.
h. No person and/or vehicle shall be required to present identification nor
otherwise be stopped, discouraged, restricted, prohibited, or denied access
to any public right-of-way, including but not limited to streets, sidewalks,
parks, and/or public trails as a result of construction of any attended or
unattended observation booth. Prior to the issuance of any permits for the
construction of the booths, the developer shall submit to the City a written
statement agreeing to enforce and abide by this condition.
i. Prior to construction of the encroachment, the developer shall submit to the
City a Covenant agreeing to assume all responsibility for maintenance and
upkeep of the structures.
24. Within six (6) months after the commencement of use of the tract entry observation
booths, the Planning Commission shall review the operation of the booths to assess
their effectiveness and any impacts they may have upon public access to coastal
resources in the Oceanfront community. After conducting a duly-noticed public
hearing on the matter, the Planning Commission may revoke the permit or may add,
delete or modify any conditions of approval that it deems appropriate to protect
public health, safety and general welfare.
25. Prior to the construction of the booths approved by this permit, or within thirty (30)
days of the final effective date of the City's action on these applications, whichever
occurs first, the developer shall relocate the existing temporary signs for the model
sales complex away from the main entries at Palos Verdes Drive West and/or
modify the text of the signs to clearly state that public access to the coastal access
amenities of the project is not restricted. The final location and/or language of the
signs shall be subject to the review and approval of the Director of Planning,
Building and Code Enforcement.
Resolution No. 2001-08
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