CC RES 1997-014RESOLUTION NO. 97-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE APPEAL,
THEREBY OVERTURNING THE PLANNING COMMISSION'S
DECISION AND APPROVING ENCROACHMENT PERMIT
NO. 26 FOR THE PLACEMENT OF A MANNED TRACT
ENTRANCE OBSERVATION BOOTH (WITHOUT GATES) IN
THE PUBLIC RIGHT -OF -WAY OF SAN CLEMENTE PLACE
AT THE CRENSHAW BOULEVARD ENTRANCE OF TRACT
NO. 38848 (THE /BLAND V/EM, LOCATED AT THE
SOUTHWEST CORNER OF CRENSHAW BOULEVARD AND
CREST ROAD
WHEREAS, on July 25, 1996, the applicant, The Island View Homeowners'
Association, submitted an application for Encroachment Permit No. 26 to allow the
installation of a tract entrance observation booth at San Clemente Place for Tract No.
38848 (The Island View) at Crenshaw Boulevard and Crest Road; and,
WHEREAS, on September 18, 1996, the application for Encroachment Permit No.
26 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 conceptual approval of the tract entrance observation booth
at San Clemente Place to the Planning Commission; 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 Encroachment Permit No. 26 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 -5, thereby denying Encroachment Permit No. 26 for the placement of
a manned tract entrance observation booth (without gates) in the public right -of -way of San
Clemente Place at the Crenshaw Boulevard entrance of Tract No. 38848; 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 overturn the Planning Commission's denial
of Encroachment Permit No. 26; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The encroachment is in the best interest of the City because, in creating
a psychological (rather than a physical) barrier for the tract, the tract entrance observation
booth and observer may discourage criminal activity both within the tract itself and in its
immediate vicinity.
Section 2: The encroachment is not detrimental to the public health and safety
because they have been reviewed and approved by the City's Traffic Engineer for
compliance with the City's sight distance, turning radii and other traffic engineering and
safety standards.
Section 3: There is no alternative location on private property to accommodate the
proposed improvements without encroaching into the City's right -of -way because their
placement on common area property on the north side of the roadway would place the
booth on the "wrong" (i.e., passenger rather than drive) side of vehicles entering the tract
and be less conducive to providing information or direction to non - residents when the
booth is manned; and their placement on the south side of the roadway would make them
less visible to motorists entering the tract and be less of a deterrent to casual, non - resident
vehicular access to the tract than if the tract entrance observation booth is placed on
existing median island in the center of the roadway of San Clemente Place.
Section 4: The encroachment has been designed in the safest manner possible
because it meets all the development standards for tract entrance observation booths as
specified in the City's encroachment permit policy; and has been reviewed and approved
by the City's Traffic Engineer.
Section 5: The encroachment does not significantly impair the view from the
viewing area of any private property as defined in the City's Development Code, nor from
any area designated by the General Plan or the Coastal Specific Plan to be protected
Resolution No. 97 -14
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because the booth is only twelve feet (12'0 ") tall; and Staff has determined from field
inspections that no protected public or private views will be significantly impaired.
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 -5, which are attached hereto by reference, the City Council of the City
of Rancho Palos Verdes hereby upholds the appeal, thereby overturning the Planning
Commission's decision and approving Encroachment Permit No. 26, thereby approving the
placement of a manned tract entrance observation booth (without gates) in the public right -
of -way of San Clemente Place at the Crenshaw Boulevard entrance of Tract No. 38848
(The Island View).
PASSED, APPROVED, AND ADOPTED this 4th day of March 1997.
ATTEST;
ty Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
11 JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 97 -14 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on March 4, 1997.
City C�rk
City o Rancho Palos Verdes
Resolution No. 97 -14
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR ENCROACHMENT PERMIT NO. 26
(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 a manned tract entrance observation
booth (without gates) in the public right -of -way of San Clemente Place at the
Crenshaw Boulevard entrance of Tract No. 38848. The maximum height of
the tract entrance observation booth is twelve feet (12'0 "). Any change shat l
require approval of a further revision to Encroachment Permit No. 26 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
to revoke the approval of the project.
4) If the tract entrance observation booth has not been established (i.e.,
building permits obtained) 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, 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.
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.
Resolution No. 97 -14
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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) The tract entrance observation booth in the right -of -way of San Clemente
Place shall be constructed and installed in accordance with the approved
plans, and the owner shall comply with all conditions and requirements that
are imposed on the project.
11) No person and /or vehicle shall be required to present identification nor
otherwise be 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 tract entrance
observation booth.
12) 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.
B. Prior to the issuance of Building Permits for the tract entrance observation
booth in the public right -of -way of San Clemente Place:
13) The applicant shall submit to the City a "Hold Harmless" agreement for
recordation, to the satisfaction of the City Attorney.
14) The applicant shall submit to the City a Use Restriction Covenant for
recordation, agreeing to remove the encroachment from the right -of -way of
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San Clemente Place 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
encroachment within the specified time will result in removal of the structure
by the City, and that the owner shall be billed by the City for the costs of
removal of the encroaching tract entrance observation structure.
15) The applicant shall obtain a minimum of one million dollars ($1,000,000)
liability insurance, naming the City of Rancho Palos Verdes as an additional
insured, subject to review and acceptance by the City Attorney. Proof of said
insurance shall be provided to the City annually.
16) The applicant 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.
17) The applicant shall submit to the City a Covenant, subject to the satisfaction
of the City Attorney, which records these requirements as conditions running
with the land, and binding all future owners of the property which is
benefitted 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 tract entrance observation structure is
removed from the right -of -way.
18) The applicant shall submit to the City a Covenant agreeing to assume all
responsibility for maintenance and upkeep of the tract entrance observation
structure.
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Resolution No. 97 -14
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