CC RES 2000-043 RESOLUTION NO. 2000-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING AN APPEAL AND
REVISING THE PLANNING COMMISSION'S DECISION TO
APPROVE COASTAL PERMIT NO. 156, AND VARIANCE
NO. 448, TO ALLOW THE CONSTRUCTION OF VARIOUS
IMPROVEMENTS TO THE ABALONE COVE BEACH PARK.
WHEREAS, on March 1, 1999, the City of Rancho Palos Verdes submitted an
application for Coastal Permit No. 156 and Variance No. 448, to allow the construction of
various improvements to the Abalone Cove Beach Park, including a new parking lot, shade
structures, restroom/storage structure, gate/guard structure, grading of approximately
14,182 cubic yards and other amenities to the existing Abalone Cove Beach Park located
south of Palos Verdes Drive South; 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), a Mitigated Negative Declaration for the project has been submitted and
adopted as found in P.C. Resolution No. 99-32; 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 August 24, 1999 and September 28, 1999, at which time all interested parties were
given an opportunity to be heard and present evidence.
WHEREAS, on September 28, 1999, the Planning Commission adopted Resolution
No. 99-32 approving the Mitigated Negative Declaration for the project, and adopted
Resolution No. 99-33 approving Coastal Permit No. 156 and Variance No. 448, subject to
conditions; and,
WHEREAS, on October 13, 1999, certain residents of the City of Rancho Palos
Verdes filed an appeal of the Planning Commission's decision.
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the City Council of the City of Rancho
Palos Verdes held a public hearing on November 16, 1999 and July 5, 2000, at which time
all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the project is consistent with the Recreational land use assigned
to the Abalone Cove site. The proposed project is consistent with the policies of the
General Plan, including Policy 1 on Page 99, which indicates, "Provide access to all public
recreational land" as the proposed project will improve access to the Abalone Cove site.
Section 2: That, the proposed project is consistent with the applicable
requirements of the Natural, Socio/Cultural, and Urban Overlay Control Districts because
it is consistent with the purposes of each of these overlay control districts, such as
"Maintain and enhance land and water areas necessary for the survival of valuable land
and marine-based wildlife and vegetation", "Enhance watershed management, control
storm drainage and erosion, and control the water quality of both urban runoff and natural
water bodies within the City", "Preserve, protect and maintain land and water areas,
structures and other improvements which have significant historical, archeological or
cultural importance", "Provide for the designation, protection and maintenance of land and
water areas and improvements which may be of unique scientific or educational value",
"Preserve, protect and maintain land and water areas, structures and other improvements
which are of significant value because of their recreational, aesthetic and scenic qualities,
as defined in the visual aspects portion of the general plan and the corridors element of the
coastal specific plan", and "Preserve, protect and maintain significant views and vistas from
major public view corridors and public lands and waters within the City which characterize
the City's appearance as defined in the visual aspects portion of the General Plan and the
corridors element of the coastal specific plan".
Section 3: That the purpose of the proposed project is to improve an existing public
recreational facility by improving access for all persons, including those that may be
physically challenged and are not able to currently access the subject site. The proposed
development is in conformance with the coastal specific plan as the proposed project is
consistent with the following policies and statements of the coastal specific plan: Policy 9
(Page N-46), "Encourage developments within Coastal Resource Management Districts
containing natural vegetation to revegetate with native material wherever clearing of
vegetation is required", as the mitigation measures require that the Coastal Sage Scrub
being removed be replaced at a ratio of 3 to 1. Page U-62, referencing Abalone Cove
Beach Park, "The park currently has 147 parking spaces and is considering adding 125
temporary overflow spaces. In the future, when Master Planning is completed more spaces
should be added", and in reference to parking at Abalone Cove Beach Park, Page S5-9
indicates, "A parking analysis contained in the report establishes a 280 space capacity limit
for lands in a reasonable proximity to these activities". These policies establish a need for
the additional parking spaces. It is also the policy of the Coastal Specific Plan to "Facilitate
justifiable coastal-dependent development in a manner that is compatible with the City and
surroundings, while allowing a positive utilization of coastal resources"(Page U-18, Policy
2). The proposed project is consistent with this policy, as the project has been designed
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to be compatible with the existing surroundings at the subject site. Another policy of the
Specific Plan indicates, "Provide mitigating measures where possible to control surface
runoff that might be degrading to the natural environment" (Page N-46, Policy 15). The
proposed project is consistent with this policy as the project includes the installation of a
new drainage system that will focus the on-site drainage into one system instead of
allowing the drainage to flow freely into the ocean where it may cause damage to the
marine environment as a result of the urban type pollutants associated with the run-off.
The proposed project's drainage system will include an oil/water separator that will remove
oil and petroleum products from the runoff before being discharged, thereby improving the
quality of the surface runoff.
Section 4: That the proposed development, which is located between the sea and
the first p ublic road, is in conformance with applicable public access and recreation policies
of the Coastal Act as the proposed project only involves the construction of relatively minor
additions and other site improvements and will not impede any existing trails or access
points, but instead will actually allow for greater public use and access of the site for all
members of the public as access to the site is being improved and additional parking
spaces are being constructed.
Section 5: A Variance to allow the proposed new structures to be constructed
within the Coastal Setback Zone can be approved as there are exceptional or extraordinary
circumstances or conditions applicable to the property involved, or to the intended use of
the property, which do not apply generally to other property in the same zoning district as
the subject property. Specifically the existing site is public property, owned by the City, and
used as a beach and for other public recreational purposes. The existing structures and
other improvements have already exceeded the allowable building requirements of the
Coastal Permit, and given that the subject use will be of a benefit to the general public by
providing enhanced access to this valuable public resource, the subject public use does
not apply generally to other properties in the same zoning district.
Section 6: That the variance is necessary for the preservation and enjoyment of
a substantial property right of the applicant, which right is possessed by other property
owners under like conditions in the same zoning district, as the Coastal Specific Plan
discusses the need for additional parking spaces at the Abalone Cove site and other
improvements to accommodate a public need, and the variance to construct additional new
structures to adequately service the public need at this facility is necessary for the
preservation and enjoyment of this public site.
Section 7: That granting the variance will not be materially detrimental to the
public welfare or injurious to property and improvements in the area in which the property
is located, because, as discussed in the Mitigated Negative Declaration, the proposed
project includes a grading operation that will help in stabilizing the existing slope located
above the proposed project, and the project includes the installation of a new surface
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storm-water Y
drainage system with oil/water separator that will ensure that there will not be
significant impacts to the tide-pool areas and the ocean. Additionally, there are a variety
of mitigation measures that ensure that lighting from the site will not impact adjacent
properties, and that the construction methods will ensure that there are no air quality
impacts or noise impacts.
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 City Council of
the City of Rancho Palos Verdes hereby denies the appeal, revises the Planning
Commission's decision and approves Coastal Permit No. 156 and Variance No. 448,
thereby approving the various improvements to the Abalone Cove Beach Park located
south of Palos Verdes Drive South, subject to the conditions of approval contained in
Exhibit "A", attached hereto and made a part-thereof, which are necessary to protect the
public health, safety and welfare.
PASSED, APPROVED, and ADOPTED this 5th day of July 2000.
___L.,
MAYOR
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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, hereby certify that the above
Resolution No. 2000-43 was duly and regularly passed and adopted by the said City
Council at a regular meeting held on July 5, 2000.
Ike , , 0 10
Jo Purb II, City Clerk
City of ancho Palos Verdes
• Resolution No. 2000-43
Page 4 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
for
COASTAL PERMIT NO. 156
VARIANCE NO. 448
ABALONE COVE BEACH IMPROVEMENTS
1. All construction shall be completed in substantial conformance to the plans approved
by the City Council on July 5, 2000.
2. This approval is for the following Abalone Cove Beach improvements: widen/improve
the existing access road to allow general public and fire department access to a new
parking lot; construct a new beach area parking lot consisting of 15 parking spaces;
construct a gate house/parking fee entry structure at the entrance to the new
parking lot; rehabilitate the existing cabana structure; construct two shade structures
of approximately 613 sq. ft. (24'-9" x 24'-9") each; beach amenities, including:
improving existing concrete walkways surrounding the buildings, improve the
existing beach staircase, construct a second beach staircase, install three picnic
shelters, drinking fountains, outdoor showers, and sand volleyball court, install
warning signs and educational kiosks related to the tide pools and sensitive habitat,
and relocate playground equipment; enhance the existing foot trails from upper
Abalone Cove Shoreline Park to the beach; beach improvements, including.
approximately 20-30 cubic yards of sand replenishment, removal of protruding steel
in concrete riprap and general clean up; and grading to widen and improve the
existing access road, to create the proposed parking lot, guard station and vehicle
turnaround areas, to improve vehicular access to the recreation building, and to be
used as a land stabilization effort. This amount of grading includes approximately
5,300 cubic yards of cut and approximately 4,770 cubic yards of fill, and 820 cubic
yards of export for a total earth movement of approximately 10,890 cubic yards.
3. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans or any of the conditions if such
modifications achieve substantially the same results as would strict compliance with
said plans and conditions. For any substantial modification, as determined by the
Director of Planning, Building and Code Enforcement, an Amendment to the Coastal
Permit and/or Variance shall require review and approval from the Planning
Commission through a public hearing.
4. These approvals shall expire one year from the date of this action unless application
for building permits is made. Extensions of up to one year may be granted by the
City Council if requested prior to expiration.
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5. The development shall comply with all mitigation measures found in the Mitigated
Monitoring Program as adopted through Resolution No. 2000- .
6. An as-graded soils and geologic report, complete with geologic map, will be
submitted and reviewed prior to issuance of a building permit.
7. All grading shall be monitored by a licensed engineering geologist and/or soils
engineer in accordance with applicable provisions of the Municipal Code and the
recommendations of the Director of Public Works and/or City Engineer.
8. Grading activity on the site shall occur in accordance with all applicable City safety
standards.
9. All manufactured slopes shall be contour graded.
10. The use of a rock crusher is not permitted on the site.
11. All drainage swales and any other on-grade drainage facilities, including gunite, shall
be of an earth tone color, as deemed necessary by the Director of Planning, Building
and Code Enforcement.
12. The contractor shall be responsible for repairs to any neighboring streets, which may
be damaged during development of the site. Prior to issuance of grading permits,
the contractor shall post a bond, cash deposit or combination thereof, in an amount
sufficient to cover the costs to repair any damage to streets and appurtenant
structures as a result of this development.
13. Prior to the issuance of grading permits, the developer shall submit a Storm Water
Pollution Prevention Plan. The Storm Water Pollution Plan shall be reviewed and
approved by the Director of Public Works. The Storm Water Pollution Prevention
Plan shall incorporate by detail or reference appropriate post-construction Best
Management Practices (BMPs) to:
a. Implement, to the maximum extent practicable, requirements established by
appropriate governmental agencies under CEQA, Section 404 of the Clean Water
Act, local ordinances and other legal authorities intended to minimize impacts from
storm water runoff on the biological integrity of natural drainage systems and water
bodies;
b. Minimize, to the maximum extent practicable, parking lot pollution through the use
of appropriate BMPs, such as retention, infiltration and good housekeeping.
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c. Establish reasonable limits on the clearing of vegetation from the project site
including, but not limited to, regulation of the length of time during which soil may be
exposed and, in certain sensitive cases, the prohibition of bare soil; and,
d. Provide for appropriate permanent controls to reduce storm water pollutant load
produced by the development site to the maximum extent practicable.
Further, the Storm Water Pollution Prevention Plan shall contain requirements to be
adhered to during project construction. These practices should:
(a. Include erosion and sediment control practices;
(b. Address multiple construction activity related pollutants;
(c. Focus on BMPs such as source minimization, education, good housekeeping, good
waste management, and good site planning;
(d. Target construction areas and activities with the potential to generate significant
pollutant loads;
(e. Require retention on the site, to the maximum extent practicable, of sediment,
construction waste, and other pollutants from construction activity;
(f. Require, to the maximum extent practicable, management of excavated soil on site
to minimize the amount of sediment that escapes to streets, drainage facilities, or
adjoining properties;
(g. Require, to the maximum extent practicable, use of structural drainage controls to
minimize the escape of sediment and other pollutants from the site;
(h. Require, to the maximum extent practicable, containment of runoff from equipment
and vehicle washing at the construction sites, unless treated to remove sediments
and pollutants.
14. The hours of operation for construction and grading activities shall be limited from
Monday to Saturday, 7:00 a.m. to 7:00 p.m. No work on-site, equipment or vehicles
shall be permitted before or after the hours indicated. No truck queuing or warming
up of equipment or vehicles shall occur before 7:00 a.m.; flagmen shall be used
during all construction activities as required by the Director of Public Works.
15. Prior to the issuance of a grading permit, a final grading plan shall be approved by
the Director of Public Works and City Geologist. This grading plan shall be based
on a detailed engineering, geology and/or soils engineering report and shall
specifically be approved by the geologist and/or soils engineer and show all
recommendations submitted by them.
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16. A note shall be placed on the approved grading plan that requires the Director of
Planning, Building and Code Enforcement approval of rough grading prior to final
clearance. The Director (or a designated staff member) shall inspect the graded
sites for accuracy of pad elevations and created slope gradients. The developer or
their designee shall provide certification for all grading related matters.
17. All of the recommendations made by the Director of Public Works and the City
Geologist during their on-going review of the project shall be incorporated into the
approved grading plans.
18. Prior to approval of the 4d permit, the City shall obtain approval from the City
Geologist for any irrigation needed to restore habitat at the subject site. Further, the
City Geologist shall review and approve of all other irrigation proposed for the site
that may be used to establish non-habitat type landscaping.
19. Operating Hours for the Abalone Cove Shoreline Park shall be as follows:
Season: Open Hours:
Weekdays, Memorial Day to Labor Day 9am to 4pm
Weekdays, Labor Day to Memorial Day Noon to 4pm
Weekend and School Holidays, throughout the year 9am to 4pm
On-site Staff shall have the ability to close the lower beach parking lot whenever
they believe the beach is becoming overcrowded or any problems occur which make
additional vehicles and people inadvisable.
The City of Rancho Palos Verdes may allow occasional special events at other
times of the day (except evening hours after dusk), subject to approval of a Special
Use Permit. No evening use of this facility shall occur. Any Special Use Permit
shall be noticed to all property owners within a 500' radius of the subject site. When
reviewing any Special Use Permit to allow use outside of the Open Hours noted
within this condition, the City shall ensure that there will be no significant adverse
impacts to nearby property owners related to lighting or noise.
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