CC RES 1995-078RESOLUTION NO. 95 -78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES UPHOLDING AN APPEAL
AND OVERTURNING THE PLANNING COMMISSION'S
GRANTING OF A ONE -YEAR EXTENSION REQUEST FOR
CONDITIONAL USE PERMIT NO. 131, VARIANCE NO,
182, AND GRADING PERMIT NO. 1066 FOR A
RESIDENTIAL CARE FACILITY LOCATED AT THE
INTERSECTION OF CRENSHAW BOULEVARD AND
CRESTRIDGE ROAD.
WHEREAS, on April 18, 1989, the Marriott Corporation was
granted Conditional Use Permit No. 131, Variance No. 182, and
Grading Permit No. 1066 to construct a 250 -unit independent
living facility, a 100 -bed health care facility, and a community
center on a 34 -acre parcel with general plan and zoning
designations of Institutional ( "the Project "), pursuant to the
provisions of the Rancho Palos Verdes Development Code; and
WHEREAS, the initial approvals, which were granted on April
18, 1989, were valid for two years, with yearly extension
requests allowed at the discretion of the Planning Commission;
and
WHEREAS, the Planning Commission granted five extension
requests for individual periods of one year in 1991, 1992, 1993,
1994, and 1995 based on litigation challenging the project which
was concluded in 1992, a recessionary economy, and Marriott's
corporate restructuring; and
WHEREAS, on June 7, 1995, the Mesa Palos Verdes Homeowners'
Association (MPVHOA) filed an appeal to the City Council of the
fifth one -year extension request granted by the Planning
Commission; and
WHEREAS, on July 18, 1995, the City Council held a hearing
on the appeal, and provided notice of that hearing to all parties
who declared an interest in the project, at which time all
interested parties were given the 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 Project, as approved in 1989, was
conditioned to allow the export of 250,000 cubic yards of soil
from the site which would be generated by the grading required to
develop the approved Project. The soil was to be transported to
the Chandler landfill in the City of Rolling Hills Estates. This
material was expected to generate 15,152 truck trips, with trucks
and trailers carrying loads weighing approximately 32000 pounds
hauling 16.5 cubic yards of soil per trip.
Section 2: After the Project was approved in April, 1989,
the City of Rolling Hills Estates adopted Ordinance No. 511,
That Ordinance established weight limits of 6,000 pounds per
vehicle for certain streets within that City which were part of
the designated hauling route for the Project. (The designated
hauling route was described in the "Truck Traffic Analysis" that
is included in the Environmental Impact Report No. 27 which was
certified in connection with the approval of the Project.)
Section 3: Based on the Traffic Analysis which was
incorporated into Environmental Impact Report No. 27, it is
estimated that each truck exporting soil from the Project site
will weigh in excess of 32,000 pounds. Therefore, the truck
hauling plan which was approved by the City of Rancho Palos
Verdes in 1989 now is inconsistent with restrictions imposed by
the City of Rolling Hills Estates on certain of the streets. which
are part of the designated hauling route. That route could only
be used if the weight of each of the fully loaded trucks which
are used to transport the soil complies with the 6000 pound
weight limit. If the trucks were reduced in size to comply with
the weight limit, the number of truck trips required to remove
the soil from the site would exceed 601000 trips, which would
have an adverse impact on the public health, safety and welfare.
Section 4: Furthermore, in 1993, after the Project was
approved by the City of Rancho Palos Verdes, the California
Gnatcatcher (and, accordingly its coastal sage scrub habitat,
some of which is located on the project site) was listed as a
"threatened" species and, therefore, is protected under the
Endangered Species Act.
section 5: The City Council hereby finds that the project
approvals should not be extended again due to circumstances which
have changed since the approval of the project in 1989 and the
resulting adverse effects which the Project now will have upon
the public health, safety and welfare.
Section 6: For the foregoing reasons and based on the
information and findings included in the Staff Report, minutes,
and all other records of the proceedings, the City Council hereby
grants MPVHOA's appeal and overturns the Planning Commission's
approval of a fifth one -year extension request for Conditional
Use Permit No. 131, Variance No. 182, and Grading Permit No. 1066
for the project known as the Marriott Senior Lifecare Facility.
Resolution No, 95 -78
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Section 7: This decision
the applicant or its successor
application within one year of
develop the same Project or a
property.
shall not be deemed to preclude
in interest from filing a new
the date of this decision to
similar project on the subject
Section 8: The time within which judicial review of the
decision reflected in this Resolution, if available, is governed
by Section 1094.6 of the California Code of Civil Procedure.
1995.
PASSED, APPROVED AND ADOPTED this lst day of August,
ti
Mayor
A TEBT
CITY CLERK
TATE OF CALIFORNIA
.'OUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, Jo Purcell, City Clerk
Verdes, do hereby certify that
duly and regularly passed and
a regular meeting thereof held
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of the City of Rancho Palos
the above Resolution No. 95 -78 was
adopted by the said City Council at
on August 1, 19950
ITY CLERK
Resolution No, 95 -78
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