CC RES 1997-013RESOLUTION NO. 97 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE APPEAL,
THEREBY MODIFYING THE PLANNING COMMISSION'S
DECISION AND APPROVING CONDITIONAL USE PERMIT
NO. 82- REVISION 'A' FOR THE PLACEMENT OF
UNMANNED VEHICLE GATES, EXTENDED TRACT
PERIMETER WALLS AND A SUBDIVISION IDENTIFICATION
SIGN IN THE COMMON OPEN SPACE AREA AND THE
PROPOSED, VACATED STREET RIGHT -OF -WAY OF
WHITLEY COLLINS DRIVE AT THE CREST ROAD
ENTRANCE; AND EXTENDED TRACT PERIMETER WALLS
IN THE COMMON OPEN SPACE AREA AT THE SAN
CLEM ENTE PLACE ENTRANCE OF TRACT NO. 38848
(THE ISLAND VIEW), LOCATED AT THE SOUTHWEST
CORNER OF CRENSHAW BOULEVARD AND CREST ROAD
WHEREAS, on July 29, 1992, the applicant, The Island View Homeowners'
Association, submitted an application for Conditional Use Permit No. 82- Revision 'A' to
allow the installation of unmanned vehicle gates, additional subdivision identification
signage and modifications to tract perimeter walls at Whitley Collins Drive for Tract No.
38848 (The Island View) at Crenshaw Boulevard and Crest Road; and,
WHEREAS, on August 27, 1996, the Planning Commission reviewed the proposed
vacation of a portion of Whitley Collins Drive within Tract No. 38848 to accommodate the
proposed unmanned vehicle gates for conformance with the Rancho Palos Verdes General
Plan; and subsequently adopted P.C. Resolution No. 96 -29 forwarding a finding of
consistency with the General Plan for said vacation to the City Council, with the additional
recommendations that: 1) the vacated portion of Whitley Collins Drive would be maintained
as a roadway complying with all City standards for public streets; and 2) unobstructed
public pedestrian access would be maintained over the vacated right -of -way in the form
of an easement; and,
WHEREAS, on September 18, 1996, the application for Conditional Use Permit No.
82- Revision 'A' was deemed complete by Staff; and,
WHEREAS, on September 23, 1996, the Traffic Committee reviewed the applicant's
proposal for consistency with the City's goals and policies for traffic safety; and
subsequently recommended approval of the vacation of the portion of Whitley Collins Drive
within Tract No. 38848 to the City Council and recommended conceptual approval of the
proposed vehicle gates at Whitley Collins Drive to the Planning Commission, with the
additional recommendation to provide directional signage at the proposed Whitley Collins
Drive gate to direct the general public to the entrance on San Clemente Place for vehicular
access to the tract; and,
WHEREAS, on October 15, 1996, the City Council adopted a Resolution of
Intention to vacate the public right -of -way of that portion of Whitley Collins Drive within
Tract No. 38848, and set the date for the public hearing to consider said vacation on
December 3, 1996, which was subsequently continued to February 4 and February 18,
1997; 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 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. 82- 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(c)); 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 22, November 2, November 12, November 26 and December 10, 1996, at
which time all interested parties were given an opportunity to be heard and present
evidence; and,
WHEREAS, on January 14, 1997, the Planning Commission adopted P.C.
Resolution No. 97^4, thereby approving Conditional Use Permit No. 82- Revision 'A' for the
placement of unmanned vehicle gates, extended tract perimeter walls and a subdivision
identification sign in the common open space area and the proposed, vacated street right -
of -way of Whitley Collins Drive at the Crest Road entrance of Tract No. 38848, with a
further modification to require the vehicle exit gate at Whitley Collins Drive to be activated
automatically rather than with a remote control, access card or code; and,
WHEREAS, on January 24, 1997, less than fifteen (15) days following the Planning
Commission's decision, The Island View Homeowners' Association filed an appeal to the
City Council, requesting that the City Council rescind the Planning Commission's
modification to the vehicle exit gate at Whitley Collins Drive but uphold the remainder of
the approval for Conditional Use Permit No. 82- Revision 'A'; 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 the
appeal on February 18, 1997, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, on February 18, 1997, the City Council also held a duly noticed public
hearing to consider the vacation of the public right -of -way of that portion of Whitley Collins
Resolution No. 97 -13
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Drive within Tract No. 38848, and adopted Resolution No. 97 -09, thereby conditionally
approving the vacation of said public right -of -way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The site for the intended use is adequate in size and shape to
accommodate said use and for all of the yards, setbacks, walls or fences, landscaping and
other features required by this title [Title 17 "Zoning "] or by conditions imposed under this
section [Section 17.56.060] to adjust said use to those on abutting land and within the
neighborhood because the proposed placement and height of the walls and gates comply
with the City's development standards; and vehicle turnaround and stacking requirements.
Section 2: The site for the proposed use relates to streets and highways properly
designed to carry the type and quantity of traffic generated by the subject use because the
improvements have been reviewed and approved by the City's Traffic Engineer for
compliance with the City's street design and traffic safety standards; and the modifications
to vehicular access to the tract will neither increase the amount of traffic generated by the
neighborhood nor create significant off -site traffic impacts upon adjacent City streets.
Section 3: In approving the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use thereof because tract
security should be improved; and adequate, unobstructed public vehicular and pedestrian
access to the tract will continue to be provided.
Section 4: The proposed use is not contrary to the General Plan because the
vacation of Whitley Collins Drive has previously been deemed consistent with
Transportation Systems Policy No. 21 of the General Plan; the structures proposed are
found in other detached, single - family neighborhoods in the area and are consistent with
the Residential 1 -2 DU /acre land use designation; and, in re- directing and controlling
public access to the tract, the proposed uses and structures are consistent with General
Plan Housing Policy No. 3 to "[encourage] and assist in the... improvement of ... existing
residential neighborhoods so as to maintain optimum local standards of housing quality..."
and General Plan Transportation Systems Policy No. 1 to "[design] public access into
residential areas to control non -local traffic."
Section 5: In providing certain requirements for the maintenance of, liability for and
non - vehicular access over the vacated street right -of -way, the project will provide the
minimum necessary safeguards to protect the health, safety and general welfare.
Resolution No. 97 -13
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Section 6: 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 Procedure.
Section 7: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, and P.C.
Resolution No. 97-4, which are attached hereto by reference, the City Council of the City
of Rancho Palos Verdes hereby upholds the appeal, thereby modifying the Planning
Commission's decision and approving Conditional Use Permit No. 82- Revision 'A', thereby
approving the placement of unmanned vehicle gates, extended tract perimeter walls and
a subdivision identification sign in the common open space area and the proposed,
vacated street right -of -way of Whitley Collins Drive at the Crest Road entrance; and
extended tract perimeter walls in the common open space area at the San Clemente Place
entrance of Tract No. 38848 (The Island View), 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.
PASSED, APPROVED, AND ADOPTED this 4th day of March 1997.
-)47
Mayor
ATTEST:
ty 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. 97 -13 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on March 4, 1997.
City erk
City Rancho Palos Verdes
Resolution No. 97 -13
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 82-REVISION 'A'
(Tract No. 38848)
A. General Conditions:
1) Within thirty (30) days following adoption of this Resolution, 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 shall
render this approval null and void.
2) This approval is for the placement of unmanned vehicle gates, extended
tract perimeter walls and a subdivision identification sign in the common
open space area and the proposed, vacated street right -of -way of Whitley
Collins Drive at the Crest Road entrance; and extended tract perimeter walls
in the common open space area at the San Clemente Place entrance of
Tract No. 38848. The maximum height of the tract perimeter walls is five
feet, ten inches (610 ") and the maximum size of the subdivision
identification sign is thirteen square feet (13 ft2). Any change shall require
approval of a further revision to Conditional Use Permit No. 82 by the
Planning Commission and shall require a 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 -2 district development standards of the City's Municipal Code. Failure
to comply with and adhere to all of these conditions of approval will be cause
for revocation of the approval of the project through a public hearing
conducted by the Planning Commission.
4) If the gates, tract perimeter walls or subdivision identification sign have not
been established (i.e., building permits obtained for the gates and /or the
walls and sign erected) within two (2) years of the effective date of this
Resolution, or if construction has not been completed within two (2) years
of the issuance of building permits for the gates, approval of 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 approved by the Planning Commission. Otherwise, a
conditional use permit revision must be approved prior to further
development.
Resolution No. 97 -13
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5) 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.
6) Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans submitted to the City
on January 24, 1997.
7) The hours of construction shall be limited to 7:00 AM to 7:00 PM, Monday
through Saturday. No construction shall be permitted on Sundays or on
legal holidays.
8) The approval of the uses and structures described in this Resolution shall
not be effective unless and until the Rancho Palos Verdes City Council takes
action to vacate that portion of the public right -of -way of Whitley Collins
Drive located within Tract No. 38848.
9) The applicant shall comply with all recommendations and requirements, if
any, required by the City's Planning Commission, Traffic Committee, or
Traffic Engineer.
10) Unrestricted pedestrian access shall be maintained at the Whitley Collins
Drive gates. The 50 -inch -wide pedestrian accessways on either side of the
vehicle gates shall not be obstructed by gates, bollards or other similar
impediments.
11) Outdoor lighting installed in conjunction with this project shall comply with
the provisions of Section 17.54.030 of the Rancho Palos Verdes
Development Code. Ground - mounted lighting fixtures shall be screened by
a landscaped berm or low shrubs. Neither the lighting fixtures nor the
required screening shall exceed thirty inches (30 ") in height.
12) All other conditions of approval of P.C. Resolution No. 82 -13, approving
Conditional Use Permit No. 82, remain in effect.
B. Prior to the issuance of Building Permits for the gates at Whitley Collins Drive
and /or the extension of any tract perimeter walls:
13) The applicant shall obtain a sign Permit for the subdivision identification
sign at Whitley Collins Drive from the Director of Planning, Building and
Code Enforcement. This approval is for a 13- square -foot sign as depicted
on the plans submitted to the City on January 24, 1997, and in conformance
Resolution No. 97 -13
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with the provisions of Section 17.52.050(F) of the Rancho Palos Verdes
Development Code.
14) Los Angeles County Fire Department approval is required for the automatic
gates. The gates shall be equipped with an emergency override system
which is operated by a keypad. An access code shall be provided to any
public agency or utility provider (i.e., police, fire, public works, gas and
electric) needing access through the Whitley Collins Drive gates on a regular
or emergency basis. Any modifications to the project which are required for
compliance with Fire Department standards shall also be reviewed by the
Director of Planning, Building and Code Enforcement.
15) Notwithstanding the plans submitted to the City on January 24, 1997:
a) Directional signs shall be installed on both sides of the Whitley
Collins Drive gates. The sign on the outside of the gates shall direct
non - residents to San Clemente Place to enter the tract, and the sign
on the inside of the gates shall direct non - residents to San Clemente
Place to exit the tract. The applicant shall obtain Sign Permits for
these directional signs from the Director of Planning, Building and
Code Enforcement, which may be combined with the permit required
in Condition No. 13 above.
b) The landscaped median inside the Whitley Collins Drive gates shall
be modified to provide a vehicle turnaround. The design of the
turnaround shall be reviewed and approved by the Director of Public
Works.
c) Surveillance cameras may be installed on private, common area
property at either or both entrances to the tract. The applicant shall
obtain any applicable building or electrical permits for the installation
of the surveillance camera(s).
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