CC RES 1999-063 RESOLUTION NO. 99-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
TRACT MAP NO. 44239 REVISION `A' AMENDING CONDITION
NO. 44 OF RESOLUTION NO. 86-41, TO ALLOW THE
CONSTRUCTION OF A 6' HIGH VEHICULAR AND PEDESTRIAN
ACCESS GATE AT THE MAIN ENTRANCE OF THE SUBJECT
PROPERTY, VILLA CAPRI TOWNHOMES, AND AN
ADDITIONAL 6' HIGH VEHICULAR ACCESS GATE ADJACENT
TO THE GOLDEN COVE SHOPPING CENTER.
WHEREAS, Planning Commission Resolution No. 86-10 was adopted and
approved on February 26, 1986 approving Conditional Use Permit No. 100 with
conditions, including No. 10 which establishes a maximum height of five (5) feet
for a perimeter combination wall; and,
WHEREAS, City Council Resolution No. 86-41 was adopted and approved
on June 17, 1986 approving Tract Map No. 44239 with conditions, including No.
44 which prohibits an access gate off of Hawthorne Boulevard; and,
WHEREAS, on April 10, 1997 the applicant (Villa Capri Homeowners
Association) submitted applications for Conditional Use Permit No. 100 Revision
`B' and Grading Permit No. 2036 requesting approvals for the construction of a 6'
high perimeter combination wall, a 6' high vehicular and pedestrian access gate
at the main entrance of the subject complex and an additional 6' high vehicular
access gate adjacent to the Golden Cove shopping center and to allow the
construction of two (2) eight (8) foot high retaining walls and 674 cubic yards of
grading; and,
WHEREAS, the proposed project was found to be in conflict with the
conditions under Conditional Use Permit No. 100 and Tract Map No. 44239,
therefore requiring approvals for modifications to these conditions of approval;
and,
WHEREAS, on October 27, 1997, the Traffic Committee reviewed and
approved the applicant's request to construct two 6' high access gates on the
subject property; and,
WHEREAS, the Los Angeles County Fire Department reviewed and
approved the applicants proposal to enclose the subject property with an access
gate off of Hawthorne Boulevard and a secondary gate adjacent to the Golden
Cove Shopping Center; and,
Resolution No. 99-63
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WHEREAS, on March 22, 1999 the subject applications were deemed
complete by Staff; and,
WHEREAS, on April 7, 1999 the required Planning Commission public
notice was mailed out to property owners within a 500' foot radius of the subject
property informing them of the scheduled public hearing to consider Conditional
Use Permit No. 100 Revision B'; and,
WHEREAS, on April 10, 1999 a notice was published in the Palos Verdes
Peninsula News; and,
WHEREAS, pursuant to the provision of the California Quality Act, Public
Resources Code Section 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. 100 Revision `B' and Grading Permit No. 2036 would have a significant effect
on the environment and, therefore the proposed project has been found to be
categorically exempt (Class 1, Section 15301((e)(1)); and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on April 27, 1999, at which all interested parties were given the
opportunity to be heard and present evidence; and,
WHEREAS, on April 27, 1999 the Planning Commission of the City of
Rancho Palos Verdes reviewed the proposed amendment to Conditional Use
Permit No. 100 Revision `B' and Grading Permit No. 2036 and after hearing
public testimony, a motion was made adopting P.C. Resolution No. 99-11,
approving the proposed project, provided that the City Council within 180 days
amends the Condition No. 44 of the Tract Map which prohibits access gates off
of Hawthorne Boulevard; and,
WHEREAS, on May 27, 1999 an application was submitted to the
Planning Department under Tract Map No. 44239 Revision `A' to amend
Condition No. 44 of Resolution No. 86-40 to allow an access gate at the entry of
the complex, off of Hawthorne Boulevard, which is currently prohibited; and,
WHEREAS, on June 24, 1999 the subject application was deemed
complete by Staff; and,
WHEREAS, on July 3, 1999 the required public notice was mailed out to
property owners within a 500' foot radius of the subject property informing them
of the scheduled public hearing to consider an amendment to the tract map
conditions on July 20, 1999 and a notice was published in the Palos Verdes
Peninsula News; and,
Resolution No. 99-63
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WHEREAS, pursuant to the provision of the California Quality Act, Public
Resources Code Section 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 Tract Map No. 44239
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((e)(1)); and,
WHEREAS, at the July 20, 1999 City Council meeting, the Council
approved a motion to continue the subject application to the August 3, 1999
Council meeting; and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the City Council held a duly noticed public
hearing on August 3, 1999, at which all interested parties were given the
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: Tract Map No. 44239 was approved by the City Council to
allow a multiple family zoning district (RM-8) which would consist of a 49 unit
residential planned development. As approved, Condition No. 44 was placed on
the tract that prohibited an access gate at the main entrance to the subject
complex off of Hawthorne Boulevard.
Section 2: Conditional Use Permit No. 100 was originally approved by
the Planning Commission to allow the 49-unit residential planned development
with a condition that stated no fencing shall exceed 30" for a solid wall and a total
height of five (5) feet with a combination wall.
Section 3: The Traffic Committee reviewed the applicants request to
install two access gates on a private street and determined that the proposed
turn around along with the proposed two guest parking stall outside of the main
entrance gate will not adversely impact the flow of traffic along public streets.
Section 4: The Traffic Committee found that adequate access for
emergency vehicles, such as a fire truck, will be accommodated provided that a
knox box is maintained at all times on the subject property immediately adjacent
to the main gate.
Section 5: The Los Angeles County Fire Department reviewed the
plans for the proposed access gate off of Hawthorne Boulevard and approved
the project provided that a knox box be located at the entry of the vehicular gate.
Resolution No. 99-63
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Section 6: Based on the guidance provided by the Public Works
Department, it was determined that the proposed combination wall within the
intersection visibility triangle will not adversely impact the flow of traffic or
obstruct the view from vehicles turning right onto Hawthorne Boulevard in that
the proposed combination wall does not extend into the line of sight provided
that the solid portion of the combination wall does not exceed 30" in height, the
maximum height for any structure within the intersection visibility triangle.
Furthermore, any portion of the combination wall that exceeds 30" in height shall
be eighty (80) percent open.
Section 7. The proposed revision `A' to Tract map No. 44239 will not
adversely impact the required findings made at the time the Tract Map was
approved by the City Council.
Section 8: The Planning Commission approved the request for
Conditional Use Permit No. 100 Revision `B' and Grading Permit No. 2036 to
allow a combination wall up to six (6) feet in height, provided that the solid portion
of the wall does not exceed 30" in height on April 27, 1999 and recommended
that the City Council amend Condition No. 44 of Resolution No. 86-41 to allow
the construction of an access gate off of Hawthorne Boulevard.
Section 9: The City Council has reviewed the proposed amendment to
the original conditions of approval for Tract Map No. 44239 and finds that the
proposed access gate will not impair traffic patterns on-site or off-site and will be
beneficial to the residents of the complex, by maintaining a level of security for its
residents from non-residents of Villa Capri.
Section 10: On February 22, 1999, the Villa Capri Homeowners
Association submitted a letter to the City certifying that on June 22, 1998 the
homeowners of Villa Capri met and approved an authorization to direct the Board
of Directors to process an application with the City of Rancho Palos Verdes for
the installation of access gates.
Section 11: The time within which judicial review of the decision reflected
in this Resolution must be sought, if available, is governed by Section 1094.6 of
the California Code of Civil Procedures.
Section 12: 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 for the City of Rancho Palos Verdes hereby approves Tract Map
No. 44239 Revision `A', thereby approving the revision to Condition No. 44 of
Resolution No. 86-41 to allow an access gate off of Hawthorne Boulevard,
subject to the conditions of approval in Exhibit "A".
Resolution No. 99-63
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PASSED, APPROVED and ADOPTED this 3rd day of August, 1999.
M. or
ATTEST: if
art
City 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,
hereby certify that the above Resolution No. 99-63 was duly and regularly
passed and adopted by the said City Council at a regular meeting thereof held on
August 3, 1999.
41
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Resolution No. 99-63
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EXHIBIT "A"
CONDITIONS OF APPROVAL
TRACT MAP NO. 44239 REVISION `A'
GENERAL
1. Prior to the submittal of plans into Building and Safety plan check, the
applicant and/or 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 approval. Failure to provide said written
statement within ninety (90) days following the date of this approval shall
render this approval null and void.
2. The approval shall become null and void after 180 days from the date of
approval unless the approved plans are submitted to the Building and
Safety Division to initiate the "plan check" review process.
3. The proposed project shall be constructed in substantial compliance with
the plans dated and received by the Planning Department on February 22,
1999.
4. Unless otherwise noted under the conditions of approval for Conditional
Use Permit No. 100 Revision `B' Exhibit A or Tract Map No. 44239
Revision `A', all previous conditions shall remain in full force and effect.
5. 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.
6. The proposed grading site shall be temporarily enclosed with a six (6) foot
high chain-link fence during the length of construction.
7. In the event that a Planning requirement and a Building & Safety
requirement are in conflict with one another, the stricter standard shall
apply.
8. The applicant shall obtain building permits from the Division of Building
and Safety for the proposed project.
9. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m.,
Monday through Saturday. No construction shall be permitted on
Exhibit "A"
Conditions of Approval
Resolution No. 99-63
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Sundays or on legal holidays.
10. The construction site shall be kept free of all loose materials resembling
trash and debris in excess of that material used for immediate construction
purposes. Such excess material may include, but is not limited to: the
accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt,
piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
TRACT MAP
11. A vehicular and pedestrian access gate located off of Hawthorne
Boulevard shall be permitted at a proposed height, not to exceed six (6)
feet, as measured from the lowest elevation point. Accordingly, Condition
No. 44 of City Council Resolution No. 86-41, approved and adopted on
June 17, 1986, is hereby amended to allow a gate at the entrance to
Hawthorne Boulevard.
12. Condition No. 51 of Resolution No. 86-41 shall hereby read as follows,
"the developer shall provide gated vehicular access to the Golden Cove
Shopping Center from the interior of the project."
13. The Homeowners Association for Villa Capri shall be required to pay for all
costs related to the painting of the curb red, between Palos Verdes Drive
West and the entrance to the Villa Capri complex, located on the east side
of Hawthorne Boulevard, for a distance determined to be adequate by the
Director of Public Works.
14. A reflective sign, of at least 3 square feet, shall be installed on the
eastbound lane of Hawthorne Boulevard, prior to entering the Villa Capri
Complex, warning drivers of the hidden driveway.
15. The Director of Planning, Building and Code Enforcement shall conduct a
review, six (6) months from the date the access gate is installed, to
determine whether traffic patterns are adversely impacted by the vehicular
gate. If so, the Homeowners Association for Villa Capri shall:
A. be required to cover all costs required to provide a right hand turn
lane, between Palos Verdes Drive West and the entrance driveway
to the Villa Capri complex, located on the east side of Hawthorne
Boulevard, and/or to increase the length of the existing left hand
turning lane, as deemed necessary by the Director of Planning,
Building and Code Enforcement; or,
B. remove the access and pedestrian gates.
Exhibit "A"
Conditions of Approval
Resolution No. 99-63
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