PC RES 1997-005P.C. RESOLUTION NO. 97-5
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING
ENCROACHMENT PERMIT NO. 26, THEREBY DENYING
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), 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 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
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS
Section 1: That the encroachment is not in the best interest of the City because --
although not creating a physical barrier for the tract --the tract entrance observation booth
and observer would create a psychological barrier that would discourage public vehicular
and pedestrian access to public streets, create the appearance of a de facto gated
community where one does not exist; and be inequitable to other property owners and
taxpayers in the City who will be required to pay their share to maintain the public streets
within the tract which they are simultaneously discouraged from using by the presence of
the tract entrance observation booth and observer
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to the City Council Policy
Statement for Encroachments in the Public Right-of-way (adopted April 16, 1996), any
such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no
later than fifteen (15) days following January 14, 1997, the date of the Planning
Commission's final action
Section 3: 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 denies Encroachment Permit No
26, thereby denying 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 14th day of January 1997, by the following
vote,
AYES Vice Chairman Vannorsdall, Commissioners Cartwright and Ng
IN Kh 2101774
ABSTENTIONS none
ABSENT Chairman Clark
Carolynn Pe*u
Director of Planning, Budding and
Code Enforcement, and, Secretary
to the Planning Commission
M IUSERS\KiTF\WPW(N60\'ROJECTSkCUP82RA\CUP82RA RS2
Lawrence E Clark
Chairman
P C Resolution No. 97-5
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