PC RES 2009-050 P.C. RESOLUTION . 2009-50
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHOAL VERDES APPROVINGTHE REQUEST FOR A
CONDITIONAL U E PERMIT REVISION, ENCROACHMENT PERMIT AND
SIGN PERMIT (PLANNING CAE NO. ZON2009-00395) FOR
MODIFICATIONS TO THE ENTRY LANDSCAPING PERIMETER
FENCING TH OCEANFRONT ESTATES COMMUNITY, INCLUDING
THE REPLACEMENT OF EXISTING 36-INCH-TALL UFENCING
WITH A 48-INCH-TALL PC T CONCRETE L T E; REMOVAL
F THE EXISTING FOUNTAINS AND THEIR L C T WITH 16-
FOOT DIAMETER PLANTERSING 6-FOOT-TALL
LANDSCAPED URNS; PLACEMENT OF A 621/2-INCH-TALL, 146-INCH-
WIDE WA
4 -I H-
I LL WITHIN THE I F VIA VICENTE TO SERVE AS A
TRACT ENTRY IDENTIFICATION SIGN; AND REPLACEMENT OF TURF
AND OTHEREXISTING FOLIAGE ITH NEW NATIVE A NON-NATIVE
FOLIAGE, L CTE ATP L S VE ES DRIVE WEST AND VIA
VICENTE
WHEREAS, on March 17, 1992, the City Council adopted Resolution No. 92-27,
approving Conditional Use Permit No. 158 in conjunction with Vesting Tentative Tract Map
No.46628 (Oceanfront Estates)for a residential planned development of seventy-nine(79)
single-family lots and five (5) open space lots on a 132-acre vacant site, located seaward
of the terminus of Hawthorne Boulevard at Palos Verdes ®rive West, between the Lunada
Pointe community on the north and the Point Vicente Interpretive Center on the south; and,
WHEREAS, on November 28, 2000, the Planning Commission adopted P.C.
Resolution No. 2000-41, approving a Conditional Use Permit Revision and Sign Permit for
modifications to the perimeter fencing at both entries to the tract, although these
modifications to the perimeter fencing were never fully completed by the original developer
and have subsequently expired; and,
WHEREAS, on October 2, 2009, the applicant, the Oceanfront Estates
Homeowners' Association, submitted applications for a Conditional Use Permit Revision,
Encroachment Permit and Sign Permit (Planning Case No. ZON2009-00395) to allow
modifications to the tract perimeter fencing, entry landscaping and tract entry identification
signage for the Oceanfront Estates community; and,
WHEREAS, on October 28, 2009,the application for Planning Case No..ZON2009-
00395 was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the States CEQA Guidelines,
California Code of Regulations, 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 the approval of the requested Conditional Use
Permit Revision, Encroachment Permit and Sign Permit would have a significant effect on
the environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15303); 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 November 24, 2009, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section1l. The Planning Commission hereby makes the following findings of fact
with respect to the applications for a Conditional Use Permit Revision for the proposed
modifications to the tract perimeter fencing and entry landscaping:
A. The site is adequate in size and shape to accommodate the proposed use and for
all of the yards, setbacks,walls, fences, landscaping and other features required by
Title 17 (Zoning)or by conditions imposed under Section 17.60.050 to integrate said
use with those on adjacent land and within the neighborhood. The proposed
improvements would occupy the same general locations on the subject property as
the current perimeter fence and fountains. These improvements all fall within a
landscape easement area for which the applicant has maintenance responsibility.
B. The site for the proposed use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the subject use. The project site abuts the
intersection of Palos Verdes Drive West and Via Vicente/Hawthorne Boulevard.
The proposed improvements will not generate significantly more traffic on these
abutting rights-of-way than does the existence and maintenance of the current
landscape and hardscape improvements.
C. In approving the subject use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof. The Visual
Aspects diagram (Figure 41) of the City's General Plan identifies a vista focused
upon the Point Vicente Lighthouse from intersection of Palos Verdes Drive West
and Via Vicente/Hawthorne Boulevard. This same vista is identified in the Visual
Corridors diagram (Figure 26)of the Corridors Element of the Coastal Specific Plan.
None of the proposed improvements—including the balustrade, landscape urns or
new plantings—will infringe upon public views toward the lighthouse from this
intersection, as identified in the General Plan or Coastal Specific plan. With respect
to private views, the nearest homes overlooking the intersection at the southerly
terminus of Rue Langlois are located roughly thirty feet (30'-0") higher than the
center of the intersection. As such,the proposed project is not expected to result in
significant impairment of any protected private views from nearby residences. The
P.C. Resolution No. 2009-50
Page 2 of 11
Public Works Department has ensured that the proposed improvements would not
encroach upon the intersection visibility triangle at Palos Verdes Drive West and Via
Vicente, and would be consistent with the City's future plans for the renovation of
the medians in Hawthorne Boulevard and Palos Verdes Drive West.
D. The proposed use is not contrary to the General Plan. The General Plan land use
designation for the subject property is Residential, <1 DU/acre. This land use
designation in intended for the development of low-density single-family
neighborhoods and related accessory and appurtenant uses and structures. The
common-area landscaping, fencing and other improvements in the Oceanfront
Estates community are consistent with this land use designation. The Urban
Environment Element of the General Plan includes the following goal calling upon
"the City of Rancho Palos Verdes to preserve and enhance the community's quality
living environment, to enhance the visual character and physical quality of existing
neighborhoods; and to encourage the development of housing in a manner which
adequately serves the needs of all present and future residents of the community."
Furthermore,the discussion of residential activity in the Urban Environment Element
of the General Plan includes policies "[requiring] all new housing developed to
include suitable and adequate landscaping, open space, and other design amenities
to meet the community standards of environmental quality",- "[encouraging] and
[assisting] in the maintenance and improvement of all existing residential
neighborhoods so as to maintain optimum local standards of housing quality and
design"; "[requiring] proposals for development of areas which impact corridor
related views to analyze the site conditions and address the preservation of such
views"- and "[prohibiting] encroachment on existing scenic views reasonably
expected by neighboring residents." The Planning Commission finds that the
proposed project is consistent with these General Plan goals and polices.
E. If the site of the proposed use is within any of the overlay control districts
established by Chapter 17.40 (Overlay Control Districts) of Title 17 (Zoning), the
proposed use complies with all applicable requirements of that chapter. The subject
property is located within the Natural (OC-1), Socio-Cultural (OC-2) and Urban
Appearance (OC-3) overlay control districts. The OCA district is intended to
"[maintain]and enhance land and water areas necessary for the survival of valuable
land and marine-based wildlife and vegetation; and ...[enhance] watershed
management, control storm drainage and erosion, and control the water quality of
both urban runoff and natural water bodies within the City." The OC-2 district is
intended to "[preserve], protect and maintain land and water areas, structures and
other improvements which have significant historical, archaeological or cultural
importance; and...[provide]for the designation, protection and maintenance of land
and water areas and improvements which maybe of unique scientific or educational
value." Finally,the OC-3 district is intended to "[preserve, protect and maintain land
and water areas, structures and other improvements which are of significant value
P.C. Resolution No. 2009-50
Page 3 of 11
because of their recreational, aesthetic and scenic qualities, as defined in the Visual
Aspects portion of the General Plan and the Corridors Element of the Coastal
Specific Plan;...[preserve]protect and maintain significant views and vistas from
major public view corridors and public lands and waters within the City which
characterize the City's appearance as defined in the Visual Aspects portion of the
General Plan and the Corridors Element of the Coastal Specific Plan;...[ensure]that
site planning, grading and landscape techniques, as well as improvement planning,
design and construction will preserve, protect and enhance the visual character of
the City's predominant land forms, urban form, vegetation and other distinctive
features, as identified in the General Plan and the Coastal Specific Plan;
and...[preserve], protect and maintain significant views of and from slope areas
within the community which characterize the City's dominant land form appearance."
The proposed tract entry improvements will have no bearing upon the issues of
concern in the OC-1 and OC-2 overlay control districts. With respect to the OC-3
overlay control district, the proposed project does not conflict with provisions in the
City's General Plan or Coastal Specific Plan that are intended to preserve
designated view corridors.
F. Conditions that the Planning Commission finds to be necessary to protect the
health, safety and general welfare have been imposed. Examples include (but are
not limited to): limitations on the heights and locations of the approved perimeter
fencing, landscaped urns and tract entry sign wall; limitations on the maximum sign
area and type of illumination for the approved tract entry sign; requirements for the
maintenance of the newly planted vegetation in a manner that will not result in
significant impairment of public views; requirements to obtain any applicable permits
for the approved improvements as may be required by the City's Building Official
and/or the Director of Public Works; limitations on days and hours of construction so
as to minimize noise impacts upon nearby residences; and requirements for water-
conserving landscaping and irrigation in the landscaped areas.
Section 2: The Planning Commission hereby makes the following findings of fact
with respect to the application for an Encroachment Permit to allow a freestanding sign wall
to be constructed on the median within the public right-of-way of Via Vicente:
A. The encroachment is not detrimental to the public health/safety, and that the Public
Works Director has made a written determination that the encroachment does not
pose a hazard to vehicular traffic, pedestrians, or equestrians; and further that all
other requirements for issuance of a Public Works Department encroachment
permit are met. The Planning, Building and Code Enforcement Department review
shall be concurrent with the Public Works Department review to the greatest degree
possible. The Public Works Department has reviewed the proposed plans and finds
that the proposed wall within the public right-of-way of Via Vicente will pose no
safety hazard.
P.C. Resolution No. 2009-50
Page 4 of 11
B. The encroaching structure can not be reconfigured or relocated due to practical
difficulties or unnecessary hardship, including economic hardship, so as to either:
locate the structure on the applicant's property in accordance with provisions of the
Municipal Code; or adhere to the criteria set forth for a Planning Director-level
review. The applicant desires to improve the visibility of the tract entry sign for
motorists, bicyclists and pedestrians entering the Oceanfront Estates community.
The current sign on the fountain to the right of the entry is not easily visible because
it is so low to the ground. In order to achieve this desired improvement invisibility, it
is necessary to place the sign on the existing raised median within the public right-
of-way. Placing the sign to either side of the entry would provide no better visibility
or visual identity for the Oceanfront Estates community than does the current sign.
The Planning Commission finds that requiring the sign to be located outside of the
public right-of-way would result in an unnecessary hardship for the community.
C. The encroaching structure is not inconsistent with the general intent of the
Development Code. The general intent of the City's Development Code is to
provide standards for the safe and orderly development in the City. As mentioned
above, the Public Works Department has found that the proposed wall will pose no
hazard to public safety.
D. Illuminating elements of the encroaching structure are configured in a manner that
minimizes impact to neighboring properties or vehicular traffic, and prevents direct
or indirect illumination of a property otherthan the applicant's, as determined bythe
Director of Planning, Building and Code Enforcement. There will be no illuminating
elements (i.e., lighting fixtures) atop the wall. Although no lighting is currently
proposed for the sign, in the event that the applicant wishes to illuminate the sign in
the future, a condition of approval has been included to specify that any such
lighting for the sign will be either external (i.e., a floodlight) or through the use of
illuminated reverse-channel letters attached to the wall. Also, if the sign is
illuminated in the future, Staff recommends applying the standard condition allowing
the Director of Planning, Building and Code Enforcement to review and adjust the
lighting levels within thirty (30) days of the installation of the permanent sign.
E. The encroaching structure does not significantly impair a protected view from any
surrounding property. As mentioned above, the nearest homes overlooking the
intersection are located at the southerly terminus of Rue Langlois and are located
roughly thirty feet (30'-0") higher than the center of the intersection. As such, the
proposed 52Y2-inch-tall wall project will not result in significant impairment of any
protected private views from nearby residences.
Section 33: The Planning Commission hereby makes the following findings of fact
with respect to the application for a Sign Permit to allow the proposed freestanding sign
wall to be constructed on the median of Via Vicente to be used as a tract entry
identification sign:
P.C. Resolution No. 2009-50
Page 5 of 11
A. The Development Code permits one (1) permanent sign at each entry to a
subdivision, as long as the sign does not exceed six feet(6-0") in height and thirty-
two square feet (32 SF) in area. The applicant proposes one (1) permanent, 52'/-
inch-tall sign wall. The area of the lettering of the sign will not exceed thirty-two
square feet (32 SF).
Section 4- Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.60.060, 17.76.050
and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15)days
following November 24, 2009, the date of the Planning Commission's final action.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves a Conditional Use
Permit Revision, Encroachment Permit and Sign Permit (Planning Case No. ZON2009-
00395)for modifications to the entry landscaping and perimeter fencing for the Oceanfront
Estates community, including the replacement of existing 36-inch-tall curved fencing with a
48-inch-tall precast concrete balustrade; removal of the existing fountains and their
replacement with 16-foot diameter planters surrounding 6-foot-tall landscaped urns;
placement of a 52"h-inch-tall, 146-inch-wide wall within the median of Via Vicente to serve
as a tract entry identification sign; and replacement of turf and other existing foliage with
new native and non-native foliage, located at Palos Verdes Drive West and Via Vicente,
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.
P.C. Resolution No. 2009-50
Page 6 of 11
PASSED, APPROVED, AND ADOPTED this 24 th day of November 2009, by the
following vote:
AYES: Commissioners Knight, Perestam, Ruttenberg, Tetreault and
Tomblin
NOES: none
ABSTENTIONS: none
ABSENT: Vice Chairman Gerstner and Chairman Lewis
RECUSALS: none
rox, Jeffrey Lewis
Chairman
Joel Ro' AICP
VE
Direct of Plannin Building and
Code f rcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2009-5o
Page 7 of 11
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR PLANNING CASE NO. ZON2009-00395
(Oceanfront Estates, Palos Verdes Drive West & Via Vicente)
General
I Prior to the submittal of plans into Building and Safety plan check, 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 within ninety (90) days
following date of this approval shall render this approval null and void.
2. This approval is for the replacement of existing 36-inch-tall curved fencing
consisting of pilasters and tubular steel panels with a 48-inch-tall precast concrete
balustrade in the same location on both sides of Via Vicente; removal of the existing
fountains and their replacement with 16-foot diameter planters surrounding 6-foot-
tall landscaped urns; placement of a freestanding, 52Y2-inch-tall, 146-inch-wide wall
within the median of Via Vicente to serve as a tract entry identification sign; and
replacement of turf and other existing foliage with new native and non-native
annuals and perennials. The Director of Planning, Building and Code Enforcement
is authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Otherwise, any substantive change to the project shall require approval of a revision
to Conditional Use Permit Revision, Encroachment Permit and/or Sign Permit by the
Planning Commission and shall require 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-1 district
development standards of the City's Municipal Code;the performance criteria of the
OC-1, OC-2 and OC-3 overlay control districts; and the special development
standards for the Oceanfront Estates community pursuant to Conditional Use
Permit No. 158 and its previous revisions.
4. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
5. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
P.C. Resolution No. 2009-50
Page 8 of 11
permits, approval of the 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 Director.
Otherwise, a conditional use permit and sign permit revision must be approved prior
to further development.
6. 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.
7. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of this Resolution.
8. Unless otherwise designated in these conditions, the approved project shall be
subject to all of the conditions of approval for Vesting Tentative Tract Map
No. 46628, Final Environmental Impact Report No. 35, Conditional Use Permit
No. 158, Coastal Permit No. 94 and Grading Permit No. 1439, as adopted by the
City Council on March 17, 1992; and any subsequently-approved revisions to these
approvals. Said conditions of approval are incorporated herein by this reference.
9. The construction site and adjacent public and private properties and streets 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 not be 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.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks and other construction vehicles shall not park, queue and/or idle at
the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated
above.
Conditional Use Permit Revision Conditions
11. The maximum height of the solid perimeter wall sections and precast concrete
balustrades shall be four feet (4'-0"), with the maximum height of the ten (10)
pilasters depicted on the approved site plan being four feet four-and-one-half inches
(4'-41/2"). Landscaped urns up to thirty-eight inches (38")tall shall be permitted atop
six (6) of the pilasters, as depicted on the approved elevations.
P.C. Resolution No. 2009-50
Page 9 of 11
12. The new circular planters shall measure sixteen feet(16'-0") in diameter and fifteen
inches(15") in height. The landscape urn at the center of each circular planter shall
be six feet (6-0") in height.
13. No portion of any structures or improvements located within the intersection visibility
triangle on either side of the tract entry shall exceed a height of thirty inches (30")
above the curb elevation of Palos Verdes Drive West and Via Vicente.
14. The installation of the new landscaping shall be completed in substantial
conformance with the plans reviewed by the Planning Commission. With the
exception of foliage placed within the approved landscape urns depicted on the
plans, new foliage shall be installed and maintained so as not to exceed the height
of the perimeter fence.
15. The installation of the new landscaping shall, to the maximum extent practicable,
incorporate water-conservation measures such as:
0 Extensive use of native plant materials.
Low water-demand plants.
Minimum use of lawn or, when used, installation of warm season grasses.
Grouped plants of similar water demand to reduce over-irrigation of low water
demand plants.
Extensive use of mulch in all landscaped areas to improve the soil's water-
holding capacity.
Drip irrigation, soil moisture sensors, and automatic irrigation systems.
Use of reclaimed wastewater, stored rainwater or grey water for irrigation.
16. The applicant shall be responsible for obtaining any building, plumbing and/or
electrical permits required by the City's Building Official or Director of Public Works
for the approved project.
Encroachment Permit Conditions
17. The sign wall in the median of Via Vicente shall measure four feet four-and-one-half
inches (4'-4Y2") in height and twelve feet two inches (12"-2") in width.
18. Prior to construction of the wall, the applicant shall submit to the City an
"Indemnification and Hold Harmless" agreement for recordation,to the satisfaction
of the City Attorney.
19. Prior to construction of the wall, the applicant shall submit to the City a "Use
Restriction Covenant"for recordation, agreeing to remove the encroachment within
ten (10) days of notice given by the Director of Public Works, except in case of an
emergency where less notice may be required. The applicant shall also
P.C. Resolution No. 2009-50
Page 10 of 11
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 structure.
20. Prior to construction of the wall, the applicant shall obtain an Encroachment Permit
from the Department of Public Works. The applicant shall be responsible for any
fees associated with the issuance of said permit.
21. The encroachment shall be constructed and installed in accordance with the
approved plans, and the applicant shall comply with all conditions and requirements
that are imposed on the project.
22. Prior to construction of the encroachment, 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 benefited 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 structure is removed from the right-of-way.
23. The applicant shall comply with all recommendations and requirements, if any,
required by the City's Planning Commission,Traffic Committee,or Traffic Engineer.
Sign Permit Conditions
24. The maximum sign area shall not exceed thirty-two square feet(32 SF). If the sign
is to be illuminated in the future, only exterior illumination by ground-mounted
floodlights or internally-illuminated solid channel letters shall be permitted for the
sign. The applicant shall be responsible for obtaining the necessary permits from
the City to add lighting to the sign.
25. If the sign is illuminated in the future, within thirty(30)days of the installation of the
permanent illuminated signs, the Director shall inspect the method and level of
illumination. The applicant shall be required to adjust the method and level of
illumination as necessary to avoid or eliminate light and glare impacts upon
surrounding private properties and public rights-of-way, to the satisfaction of the
Director.
M:\Projects\ZON2009-00395(Oceanfront Estates,Palos Verdes Dr W&Via Vicente)\PC Resolution 2009-50.doc
P.C. Resolution No. 2009-50
Page 1 I of 11