PC RES 1994-009P.C. RESOLUTION NO. 94-9
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES, REVISING
CONDITION NO. 3 OF P.C. RESOLUTION NO. 93-16,
AND ADDING TWO ADDITIONAL CONDITIONS OF
APPROVAL TO REQUIRE THE LUNADA POINTE
HOMEOWNERS ASSOCIATION TO REMOVE TREES IN
ACCORDANCE WITH THE ESTABLISHED COVENANTS,
CONDITIONS, AND RESTRICTIONS (CC&R'S) FOR THE
TRACT, IN LIEU OF RECORDING A CITY COVENANT TO
MAINTAIN PROPERTY TO PROTECT VIEWS, IN
ASSOCIATION WITH GRADING PERMIT NO. 1681 -
REVISION FOR CONSTRUCTION OF A NEW SINGLE
FAMILY RESIDENCE AT 3340 PALOS VERDES DRIVE
WEST.
WHEREAS, on July 27, 1993, the Planning Commission of the City
of Rancho Palos Verdes adopted P.C. Resolution No. 93-16, upholding
the appeal of Height Variation No. 768, and conditionally approving
Grading Permit Nos. 1668 and 1681 for construction of a new two
story residence at 3300 Palos Verdes Drive West; and,
WHEREAS, in exchange for allowing the proposed residential
structure to encroach into the ocean view, the Planning Commission
required the removal of various view impairing trees and shrubs
located on the subject property, as well as on the adjacent Common
Open Space Lot No. 26, owned by the Lunada Pointe Homeowners
Association (Tract No. 40640). Because a portion of the grading
activity associated with the new residence would occur on the
Common Open Space Lot, the Planning Commission also required the
Homeowners Association to submit a standard City Covenant to
Maintain Property to Protect Views for Lot No. 26; and,
WHEREAS, subsequent to adoption of P.C. Resolution No. 93-16
by the Planning Commission, it was brought to the City's attention
that the CC&R's for the Lunada Pointe Homeowners Association
(attached hereto as Exhibit "B") already require the removal of the
subject trees and shrubs located within Lot No. 26; and,
WHEREAS, due to the existence of the recorded CC&R's, both the
landowner and the Lunada Pointe Homeowner's Association have
requested that the City delete Condition No. 3 of P.C. Resolution
No. 93-16, requiring the submittal of a Covenant to Maintain
Property to Protect Views, as imposed by Condition No. 3 of P.C.
Resolution No. 93-16, in association with a revision of Grading
Permit No. 1681.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That Section C(4) of the "Amendment to
Declaration of Establishment of Covenants, Conditions, and
Restrictions of Lunada Pointe Tract 4064011 as recorded by the Los
Angeles County Recorder's office under Recordation No. 88-1632014
on October 11, 1988, and which is attached hereto as Exhibit "B",
contains language which satisfies the general intent of Condition
No. 3 of P.C. Resolution No. 93-16, which was imposed as a
Condition of Approval in association with Grading Permit No. 1681.
Section 2: For the foregoing reasons and based on
information and findings contained in the Staff Report and records
of the proceedings, the Planning Commission of the City of Rancho
Palos Verdes hereby revises Condition No. 3 of P.C. Resolution No.
93-16, subject to revised language and additional Conditions of
Approval contained in the attached Exhibit "All which are necessary
to protect the public health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 12th day of April, 1994.
Bret P. Bqtnard
Planning,/Build
Enforcement and
Commission
'AICP, Director of
ng, and Code
Secretary to the
Gilbert Alberio
Chairman
P.C. Resolution No. 94-9 .
Page 2 of 4
EXHIBIT "All
GRADING PERMIT NO. 1681 - REVISION
3300 PALOS VERDES DRIVE WEST AND
COMMON OPEN SPACE LOT NO. 26.!- TRACT 40640
1. Condition No. 3 of P.C. Resolution No. 93-16, as relating to
Grading Permit No. 1681, is hereby revised to read as follows:
Prior to submittal of plans to the Building and Safety
Division for plan check, the Lunada Pointe Homeowners
Association, or their designee, shall remove all trees
and shrubs located in the northeastern portion of Common
Open Space Lot No. 26 within Tract 40640, (generally in
the area located between Palos Verdes Drive West and the
subject property located at 3300 Palos Verdes Drive West,
and extending a distance of 200 feet along the
northeastern boundary of the tract), that impair views
from the public right-of-way, to the satisfaction of the
Director of Planning, Building, and Code Enforcement.
Any replacement species within this area shall be
selected and maintained so as not to impair views from
the public right-of-way or from adjacent properties,
subject to prior review and approval by the Director of
Planning, Building, and Code Enforcement.
2. Notwithstanding provisions contained in Paragraph C(4) of the
"Amendment to Declaration of Establishment of Covenants,
Conditions, and Restrictions of Lunada Pointe Tract 4064011 as
recorded by the Los Angeles County Recorder's Office under
Recordation No. 88-1632014 on October 11, 1988 for the
"[gradual removal]" of vegetation located in Common Open Space
Lot No. 26, prior to issuance of building and/or grading
permits, in association with construction on property located
at 3300 Palos Verdes Drive West, the Lunada Pointe Homeowners
Association or their designee shall comply with the provisions
of said Declaration, including, but not limited to the removal
of landscaping and vegetation in Common Open Space Lot No. 26,
in the area described above in Condition No. 1, and compliance
with the approved "Landscape Master Plan" on file in the
Department of Planning, Building, and Code Enforcement at the
City of Rancho Palos Verdes. Common Open Space Lot No. 26
shall be maintained in conformance with said "Landscape Master
Plan."
P.C. Resolution No. 94- 9.
Page 3 of 4
3. In the event that the Lunada Pointe Homeowners Association and
the applicant (Mr. and Mrs. James La Barba) and/or any other
party, enter into any separate and/or independent agreement
for maintenance of any portion of Common Open Space Lot No.
26, copies of any such agreement shall be provided to the
Director of Planning, Building, and Code Enforcement to be
maintained in the address file for 3300 Palos Verdes Drive
West (a.k.a. 30101 Palos Verdes Drive West). Notwithstanding
any such agreement, maintenance of Common Lot Open Space Lot
No. 26 shall remain the legal responsibility of the Lunada
Pointe Homeowner's Association.
P.C. Resolution No. 94- 9.
Page 4 of 4