CC RES 1989-035RESOLUTION NO. 89 -35
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL'USE PERMIT NO. 131, VARIANCE
NO. 182 AND GRADING NO. 1066 FOR A
RESIDENTIAL CARE FACILITY LOCATED AT THE
INTERSECTION OF CRENSHAW BOULEVARD AND
CRESTRIDGE ROAD.
WHEREAS, the Marriott Corporation has requested a conditional
use permit, variance, and grading approval 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, pursuant to the provisions of the
Rancho Palos Verdes Development Code; and
WHEREAS, the Planning Commission has held public hearings on
the environmental review of these applications on July 12, August
23, October 25, November 91 1988 and January 11 and January 24,
1989, and has held public hearings on the merits of the project on
January 24 and January 31, 1989, at which time all interested
parties were given an opportunity to be heard.and present
evidence; and
WHEREAS, the project development applications and
environmental review were appealed on February 9, 1989 and a
public hearing was held by the City Council on March 21, 1989, at
which time all interested parties were given an opportunity to be
heard and present evidence; and
WHEREAS, the City Council on April 10, 1989 affirmed the
Planning Commission action approving the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the proposed use is specifically permitted
in the Institutional district, and generally in any district,
subject to the issuance of a conditional use permit.
Section 2: That the site is served by Crestridge Road and
Crenshaw Boulevard, both improved streets designed to carry the
type and quantity of traffic that would be generated by the
proposed use. Traffic impacts were shown as not significant in the
Environmental Impact Report (EIR) No. 27.
Section 3: That the subject, use, as conditioned, mitigates
or reduces significant adverse effects to adjacent properties or
the permitted uses thereof. Further, the City Council does hereby
declare that the EIR was certified per Resolution No. 89 -in
compliance with City and State guidelines and that the City
Council has reviewed and considered the contents of the EIR in
reaching its decision, The City Council further adopts and
incorporates by reference the environmental findings and statement
of overriding considerations set forth in Resolution No. 89-34,
Section 4: That the subject use is in conformity with the
General Plan, which designates the site as appropriate for
institutional uses.
Section 5: That given the project's location, design,
adjacent uses, and lot configuration and size, the site is
adequate to accommodate the proposed use subject to the approval
of a variance to allow increased building height to a maximum of
thirty-six (36) feet above grade and architectural tower heights
up to forty-five (45) feet above grade*
Section 6: That, in affirming the variance, the City Council
finds as follows,
A. That there are exceptional or extraordinary circumstances or
conditions applicable to the subject property, or to the
intended use thereof, which do not apply generally to other
property in the same zoning district since the intended use
is one which is unique in the City and adequate provisions
have been made in the conditional use permit to mitigate any
potential impacts and the site is limited in development
potential due to the unique topographic conditions which
exist. In addition, as a result of the grading plan the
structure allowed by the variance will be significantly lower
in height than a thirty (30) foot structure on the existing
ridgeline which could be constructed without a variance.
B. That the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant,
which is possessed by other property owners under like
conditions in the same zoning district since it has been
found, through extensive view analysis, that the additional
height would not create a significant view impact for upslope
properties. The other properties with similar zoning are not
subject to the same topographical restrictions on the owner's
ability to enjoy a property right of magnitude similar to
that of other owners in the zoning district,
CIO That the granting of the variance will not be materially
detrimental to the public welfare or to property or
improvements in the area for the reasons stated above and
because adequate safeguards have been included in the project
through the conditional use permit to prevent view impairment
and provide for public access and views from the property.
D. That the intended use is not contrary to the General Plan as
the portion of the site proposed for development is
designated for institutional use.
Section 7.* That the grading is not excessive beyond that
Resolution No. 89-35
Page 2
necessary for the permitted primary institutional use of the lot
because only 16.7 acres, or about one-half of the site, will be
graded.
Section 8.- That the grading and/or construction does not
significantly adversely affect the visual relationships with, nor
the views from neighboring sites, since the proposed grading would
lower the ridge height of the building and reduced the visual
impact of the structure when viewed from adjacent properties.
Section 9: That the nature of the grading minimizes
disturbance to the natural contours and finished contours are
reasonably natural.
Section 10: For the foregoing reasons, the City Council of
the City of Rancho Palos Verdes hereby affirms the approval of
Conditional Use Permit No. 131, Variance No. 182 and Grading
No. 1066 subject to the conditions in attached Exhibit "A", said
conditions being necessary for the protection of the public
health, safety, and welfare.
PASSED, APPROVED and ADOPTED on April 18, 1989.
MAYOR
AT ST:
Y
City Clerk
S U TE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF RANCHO PALOS VERDES
Ir JO PURCELL, City Clerk of the City Council of the City of
Rancho Palos Verdes, hereby certify that the above Resolution No.
89 -35 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 18th day of
April, 1989.
CITY CLERK
CITE F RANCHO PALOS VERDES
Resolution No. 89-35
Page 3
EXHIBIT "All
CONDITIONAL USE PERMIT N09 131, VARIANCE NO. 182,
GRADING NO* 1066
GENERAL
1* Within thirty (30) days of approval of the Conditional Use
Permit, Variance and Grading applications, the developer
shall submit, in writing, a statement that he has read and
understands all conditions of approval.
2. Within sixty (60) days of approval of the Conditional Use
Permit, Variance and Grading applications, the developer
shall submit a detailed site plan and elevations consistent
with the concept Site Plan dated January 10, 1989 (1" = 50'
scale), except that the western portion of the developed site
shall be raised a maximum of 3' 6". All required site and
elevation details and dimensions specified on Conditional Use
Permit, Variance and Grading applications shall be displayed
on these plans.
3* Final construction plans for the development shall be in
substantial conformance with these plans, including heights
and setbacks. Colors and materials shall conform to those
provided on the colored renderings reviewed with this
project date December 9, 1987 and January 10, 1989.
4. These approvals shall expire two years from the date of this
action unless application for building permits is made.
Extensions of up to one year may be granted by the Planning
Commission if requested prior to expiration,
5* This facility shall be operated as, and licensed by, the
State Department of Social Services Community Care Licensing
Branch, Department of Health Services and other appropriate
government agencies,
6.9 Any change in operational characteristics, including but not
limited to, change in qualifying age, change in FTE employee
count, change in unit count (148 1-bedroom and 102 2-bedroom
units), change in bed count (100 beds; 40 assisted living and
60 skilled nursing beds), change in residency requirements,
and change in maximum occupancy (450 residents) shall require
a major revision to the Conditional Use Permit,
No commercial use of accessory resident uses (cafeteria,
health services, pool, resident services) shall be permitted.
79 The applicant shall be responsible for payment of
Environmental Excise Taxes prior to issuance of building
permits,
EXHIBIT ".A" Resolution No. 89-35
Pagel
$. When an occupant of an independent living unit is transferred
to a health care bed, no double billing for an independent
living unit and a health care bed shall be permitted for a
period of sixty (60) days.
90 Twelve (12) independent living units shall be reserved for
Rancho Palos Verdes residents whose income does not exceed
80% of the median Rancho Palos Verdes household income based
upon family size. The rental rate for these units shall not
exceed 30% of the 80% figure .
10. The developer shall participate in, and pay any fee required
by, any art in public places program adopted on or before
April 18, 1990 by the City Council.
MITIGATION MEASURES
1. The development shall comply with all mitigation measures of
EIR No. 27 as listed in the attached Exhibit "B ". Where more
restrictive language appears in the conditions of approval,
that language shall control.
APOURM.nr_v
1. A qualified archaeologist shal l make frequent periodic
ingrading inspections to further evaluate cultural resources
on the site. If archaeological resources are found, all work
in the affected area shall be stopped and the resources shall
be removed or preserved. All "finds" shall be reported to
the Director of Environmental services immediately.
2. A qualified paleontologist shall be present during all rough
grading operation. If paleontological resources are found,
all work in the ,affected area and the resources shall be
removed or preserved. All "finds" shall be reported to the
Director of Environmental Services immediately.
SEWERS
16 A bond, cash deposit, or combination thereof, shall be posted
prior to the issuance of grading permits, to cover costs for
construction of any required sanitary sewer system, in an
amount to be determined by the City Engineer.
20' Prior to issuance of grading permits, the developer shall
submit to the Director of Environmental a written statement
from the County Sanitation District accepting any new
facility design and /or any system upgrades with regard to
existing trunk line sewers. Said approval shall state all
conditions of approval, if any.
3. Approval of this development is contingent upon the
installation, dedication and use of local main line sewers.
EXHIBIT "A" Resolution No. 89 -35
Page 2
40 If it is found that the requirements of the Plumbing Code.
cannot be met, no building permit will be issued for
construction.
5 Sewer Easements are tentatively required, subject to review
by the City Engineer, to determine the final locations and
requirements,
6. Prior to issuance of grading permits, the developer shall
submit to the City Engineer, a study analyzing the capacity
of the existing sewer system versus the impact from the
development. .
WATER
i's Prior to issuance of grading permits, the developer must
submit a labor and materials bond in addition to either:
A. An agreement and a faithful performance bond in the
amount estimated by the City Engineer and guaranteeing
the installation of the water system, or
Be An agreement and other evidence satisfactory to the City
Engineer indicating that the developer has entered into a
contract with the servicing water utility to construct
the water system, as required, and has deposited with
such water utility security guaranteeing payment for the
installation of the water system*
2. There shall be filed with the City Engineer-a statement from
the purveyor indicating that the proposed water mains and any
other required facilities will be operated by the purveyor,
and that, under normal operating conditions, the system will
meet the needs of the development.
3. The development shall be served by adequately sized water
system facilities which shall include fire hydrants of the
size and type and location as determined by the Los An I qeles
County Fire Department. The water mains shall be of.
sufficient size to accommodate the total domestic and fire
flows required for the development. Domestic flow
requirements shall be determined by the City Engineer. Fire
flow requirements shall be determined by the Los Angeles
County Fire Department and evidence of approval by the Los
Angeles County, Fire Department is required..
4. Framing of structures shall not begin until after the Los
Angeles County Fire Department has determined that there is
adequate fire fighting water and access available to the said
structures.
EXHIBIT "A" Resolution No. 89-35
Page 3
DRAINAGE
Prior to issuance of grading permits, a bond, cash deposit,
or combination thereof, shall be posted to cover costs of
construction in an amount to be determined by the City
Engineer.
2. Prior to issuance of grading permits, the developer shall
submit a hydrology study to the City Engineer to determine
any adverse impacts to existing flood control facilities
generated-by this project. Should the City Engineer
determine that adverse impacts will result, the developer
will be required to post a cash deposit or bond or
combination thereof in an amount to be determined by the
Director of Public Works, which will be based on the
project's share of the necessary improvements,
3. Drainage plans and necessary support documents to comply with
the following requirements must be approved by the City
Engineer prior to the issuance of building permits or
commencement of work, whichever comes first,
A. Provide drainage facilities to remove any flood hazard
to the satisfaction of the City Engineer and dedicate and
show easements on the Final Map.
B. Eliminate the sheet overflow and ponding or elevate the
floors of the buildings with no openings in the
foundation walls to at least twelve inches above the
finished pad grade.
C. Provide drainage facilities to protect the property from
high velocity scouring action,
D. Provide for contributory drainage from adjoining
properties,
4. The developer.shall upgrade the existing storm drain system
in Crestridge at Crenshaw-to accommodate flow from the
project site. Said improvements shall be designed and
constructed so that the LACDPW will take over maintenance.
5. 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 Environmental
Services,
STREETS
19 Prior-to issuance of grading permits, or commencement of
work, whichever occurs first, a bond, cash deposit, or
combination thereof, shall be -posted to cover costs for the
full improvements within all public streets and related
improvements, in an amount to be determined by the Director
EXHIBIT "A" Resolution No. 89-35
Page 4
of Public Works.
2* The developer shall post an additional bond, cash deposit,
letter of credit, or a, combination thereof in an amount
sufficient to cover - the cost of full:improvements and repairs
to all facilities within the right-of-way of Crestridge" Road,
Indian Peak, and Crenshaw Blvd. adjacent to the development.
Said improvements shall include but are not limited to A.C.
paving, curb/gutter,-sidewalk, drainage improvements,
bikeways, medians and landscaping. The design of such
improvements shall be subject to the adopted street standards
and the approval of the Direct-or of Public Works.
3* The City at its discretion, may permit the developer to make
said street , right-of-way and facility improvements or use
the above payments to make said improvements by the City, as
determined by the Director of Public Works, .
4* The proposed improvements to public streets shall be designed
to the satisfaction of the Director of Public Works, pursuant
to the fol lowing ispecificatio,ns,*
A. Sidewalks shall be concrete, six (6) feet wide and shall
be constructed in a-serpentine design along Crestridge
Road and a straight alignment along Crenshaw Boulevard
and Indian Peak Road adjacent to the project.
B. Traffic circulation signs shall be placed at all
intersections and /or corners unless modification is
authorized by the Director of Public Works, and shall
meet City standards,
C. All proposed drives shall be designed in substantially
the same alignment as shown on the approved development
plans.
D. Any raised and landscaped medians and textured surfaces
.shall be designed to standards as approved by the
Director of Public Works.
50 Traffic signal deposits shall be required for Crestridge and
Crenshaw as part of this development.
6. The contractor shall-be responsible for repairs,to any
neighboring streets which may be damaged during development
of the site, including, but not limited to, the designated
haul truck route. Prior to issuance of grading permits, the
developer 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. In addition to providing a bond or cash
deposit,.the,developer shall pay for a pavement analysis of
the streets to be used as the designated haul truck route
EXHIBIT "A" Resolution No. 89-35
Page
prior to the start of construction and at completion of
construction. The developer shall provide compensation for
any loss of pavement life along the designated haul truck
route as a result of this development,
7* The developer shall pay traffic impact fees in an amount
determined by the Director of Public Works upon issuance of
Certificate of'Occupancy.
8. The developer shall dedicate vehicular access rights to
Crestridge Road, Indian Peak Road and Crenshaw Boulevard to
the City except as provided for private driveways as shown on
the site plan.
9.8 The design of all interior streets shall be approved by the
Director of Public Works.
10. All interior circulation lighting shall be approved by the
Director of Environmental Services and the Director of Public
Works,
During the hours of grading operations, the applicant shall
pay for the cost of a traffic car along the haul route in
Rancho Palos Verdes,
GEOLOGY/GRADING
i's All of the recommendations made by the City Engineer and the
City Geologist during their ongoing review of the project
shall be incorporated into the approved plans.
2,9 Prior to issuance of grading permits, a bond, cash deposit,
or combination thereof, shall be posted to cover costs for
any geologic hazard abatement in an amount to be determined
by the City Engineer,,
3. All geologic hazards associated with this proposed
development shall be eliminated or the City Geologist shall
designate a restricted use area in which the erection of
buildings or-other structures shall be prohibited,
4. Prior to issuance of building permits, an . independent Geology
and/or Soils Engineer's report on the expansive properties of
soils on all building sites shall be submitted. Such soils
are defined by Building Code Section 2904(b),
50 An as-built geological report shall be submit-ted'for
structures founded on bed rock. An as-built soils and
compaction report . shall be, submitted for structures ' founded
on fill as well as' 'for 'al l engineered fill areas*
6. All of the recommendations of the consultants (Pacific
Soils), except as modified by Robert Stone Associates, will
be incorporated into the design and construction.
EXHIBIT "A" Resolution No. 89-35
Page 6
7* The, consul tants '(Pacific Soils') will review and approve the
final plans and specifications by manual signature.
8.9 An as-graded soils and geologic report, complete with
geologic map', will be submitted and reviewed prior to
issuance of a building permit.
910 Foundations and floor slabs cast on expansive soils will be
designed in accordance with Los Angeles County Code Section
2907-i
10. Foundations shall be set back from the descending slope in
accordance with the code and will extend to such a depth as
to be unaffected by any creep prone surficial soil and/or
weathered bedrock. Field review by the consultants (Pacific
Soils) is required'.
11. 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 City Engineer.
12. The project shall comply with all appropriate provisions of
the City's grading ordinance (see Chapter 17.50 Grading),
except 2:1 slopes shall be permitted along the Crestridge
Road frontage and adjacent to the eastern edge of the
developed-site.
1
13. Grading activity on the site shall occur in accordance with
all applicable City safety standards.
14. A haul route and safety plan for the export of graded
h
material shall be approved by the City. Traffic control,
including intersection flagmen, shall be handled by the
contractor,
15. Any dirt or other material deposited on the roadways from
construction operations shall'be removed by the applicant on
a timely basis,
16. The site shall be watered on a regular basis to reduce dust
generation.
17. Graded slopes shall be properly planted and maintained.
Plants shall be selected that are capable of developing deep
root systems* Watering shall be done on n cycles that will
promote deep rooting* Watering shall be diminished or
stopped just prior to and during the rainy season.
18.0 S1-ope planting shall generally consist of low ground.cover to
impede water flow on the surface,
19. To provide greater slope protection against scour and
EXHIBIT "A" Resolution No. 89-35
Page 7
erosion, slopes shall be covered with a jute mat to provide
protection while the ground cover is being established.
20. All manufactured slopes shall be contour graded.
210 The applicant shall investigate the feasibility of placing
exported material on the property adjacent to the project
site across Crestridge west of the Peninsula Baptist Church,
EASEMENTS
is Prior to issuance of Certificate of Occupancy, the developer
shall dedicate and construct a Pedestrian-only, handicapped
accessible access trail along the property western boundary
from Crestridge to the western vista point,
2. Prior to issuance of Certificate of Occupancy, the developer
shall dedicate multi-purpose trail easements along the
eastern property boundary and across the northern portion of
the site connecting Crestridge and Indian Peak Road.
39 Prior to issuance of Certificate of Occupancy, the developer
shall dedicate and construct two Public Vista Points along
the northern edge of the development in locations to be
determined by the Planning Commission and approved by the
City Council
4. Prior to issuance of Certificate of Occupancy, the developer
shall grant a Conservation Easement Overlay to the City for
the purpose of preserving as open space, those portions of
the property not being developed pursuant to this Conditional
Use Permits Access by the public need only be permitted in
those areas dedicated for trails and public vista points
pursuant to conditions 1, 2.and:3 of this section,
5* All the trails shall be constructed with appropriate trail
engineering techniques to avoid soil erosion, excessive
compaction, and degradation.
6. The project shall provide a Class III, six-foot, painted bike
lane along Crestridge Road.
PROJECT DESIGN
is Detailed-landscape (including all planted, hardscape and
fencing elements) and irrigation plans shall -be submitted for
review and approval to the Director of Environmental Services
prior to issuance of any permits. Said plans shall
incorporate drought tolerant plant materials and shall
:integrate project 'landscaping with circulation improvements
such as the Crestridge, Road median--. Irrigation systems shall
be on automatic timers and shall use drip and bubbler systems
where appropriate. Hillside plant materials shall be minimal
and of low maintenance and low water use varieties,
EXHIBIT "A" Resolution No. 89-35
Page 8
Irrigation systems shall be adjusted for seasonal water
needs. All reasonable efforts shall be made to preserve and
replant, on or off site, existing mature trees at the
direction of the Director of Environmental Services., A large
percentage of vegetation shall be incorporated into
the plans. Tree heights shall not exceed the ridge heights
of the development to protect views .from upslope properties.
Where practical, transitional landscaping on graded slopes
shall screen the project's night lighting as seen from
surrounding upslope areas. A City landscaping covenant shall
be executed and recorded.
2. The building setbacks shall not be less than:
Front
Rear (abutting Indian Peak Rd)
Side (east)
Side (west)
3* The maximum height for any building
measured from the top of the lowest
portion of the building wing. The
3 floor levels*
60' minimum* 105' aver.
400' minimum
305' minimum
75' minimum
wing shall be 36 feet
foundation to the highest
building shall not exceed
4e All signage shall,be subject to a sign permit and subsequent
approval.from the Environmental Services Department..
5.9 Trash enclosure walls shall be 6 feet high and designed to
accommodate recycling bins and shall have solid, self-closing
gates and be integrated into the building design.
69 All utilities exclusively serving the site shall be provided
underground, including Cable Television, telephone,,
electrical, gas and water. All appropriate permits shall be
obtained for their installation. Cable Television shall
connect to the nearest trunk line at developer's expense when
available..,
To All roof mounted mechanical equipment, vents or ducts shall
be screened and/or covered as necessary so as to reduce their
visibility from adjacent properties and public rights-of-way.
Any necessary screening and covering shall be architecturally
harmonious with the materials and colors of the buildings.
8e The project shall have, as a minimum, 290 parking spaces with
a maximum of 20% as compact spaces. Enclosed garages shall
only be required along the western property boundary,
Parking demand characteristics shall be reviewed and
evaluated twelve (12). months after issuance of Certificate of
Occupancy and annually thereafter and a report shall be
provided the Planning Commission. Additional parking may be
required if warranted. The City may require existing and/or
EXHIBIT "A" Resolution No. 89-35
Page 9
future spaces to be enclosed and a reduction of spaces may be
authorized if necessary to accommodate a greater number of
enclosed spaces.
9. Deliveries shall be limited to the hours of 7:00 a.m. to
6:80 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m.
on Saturday and Sunday.
10. Construction and grading activities shall be limited to the
hours of 8:00 a.m. to 4:00 p.m. Monday through Friday; except
that interior and /or exterior finish work not involving heavy
equipment, shall be permitted from 7:00 a.m. to 7 :00 p.m.
Monday through Friday. No construction activity shall occur
on Saturdays or Sundays without the prior written approval of
the Director of Environmental Services. No on -site repair of
equipment shall be performed after 4:00 p.m.
11. Mechanical equipment shall be housed in enclosures designed
to attenuate noise to a level of 45dBA to the property lines.
Mechanical equipment for food service shall incorporate
filtration systems to eliminate all exhaust odors.
12. The use of air (leaf) blowers, gardening equipment and
garbage collection shall not occur between the hours of
7:00 p.m. and 7:00 a.m.
13. Parking and security lighting shall be kept to minimum safety
standards and shall conform to City requirements. Fixtures
shall be shielded so that only the subject property is
illuminated; there shall be no spillover onto residential
properties. A trial period of three (3) months from issuance
of Certificate of occupancy, for assessment of exterior
lighting impacts shall be instituted. At the end of the 3-
month period the City may require additional screening or
reduction in intensity of any light which has been determined
to be excessively bright.
14. No gates or other devices will be constructed which limit
direct access to the site. No freestanding fences, walls or
hedges shall be allowed unless approved by the Planning
Commission through a conditional use permit revision.
15. In the event that rock crusher is required during grading
operations on the site, a Special Use Permit shall be
reviewed and approved by the Director of Environmental
Services.
16. Retaining walls shall be limited in height to eight (8) feet.
17. During construction activities, as necessary, provisions
shall be made to clean the exterior spaces of the Palos
Verdes Peninsula Art Center as directed by the Director of
Environmental Services.
EXHIBIT "A" Resolution No. 89 -35
Page 10