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PC RES 1999-011i __ • 1 ! k k • . . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, CONDITIONAL USE PERMIT NO. 100 REVISION `B' AND GRADING PERMIT NO. 2036 MODIFYING CONDITION NO. 10 OF PLANNING COMMISSION RESOLUTION NO. 86-10 AND TO ALLOW 674 CUBIC YARDS OF BACK FILL BEHIND TWO (2) EIGHT (8) FOOT HIGH RETAINING WALLS. FURTHERMORE, THE PLANNING COMMISSION RECOMMENDS THAT THE CITY COUNCIL ALLOW THE CONSTRUCTION OF A 6' HIGH VEHICULAR AND PEDESTRIAN ACCESS GATE AT THE MAIN ENTRANCE OF THE SUBJECT PROPERTY, VILLA CAPRI TOWNHOMES, AND AN ADDITIONAL 6' HIGH VEHICULAR ACCESS GATE ADJACENT TO THE GOLDEN COVE SHOPPING CENTER. WHEREAS, Planning Commission Resolution No 86-10 was adopted and approved on February 26, 1986 approving Conditional Use Permit No. 100 with conditions, including No. 10 which establishes a maximum height of five (5) feet for a perimeter combination wall, and, WHEREAS, City Council Resolution No 86-41 was adopted and approved on June 17, 1986 approving Tract Map No. 44239 with conditions, including No. 44 which prohibits an access gate off of Hawthorne Boulevard; and, WHEREAS, on April 10, 1997 the applicant (Villa Capri Homeowners Association) submitted applications for Conditional Use Permit No 100 Revision B and Grading Permit No. 2036 requesting approvals for the construction of a 6' high perimeter combination wall, a 6' high vehicular and pedestrian access gate at the main entrance of the subject complex and an additional 6' high vehicular access gate adjacent to the Golden Cove shopping center and to allow the construction of two (2) eight (8) foot high retaining walls and 674 cubic yards of grading, and, WHEREAS, the proposed project is in conflict with the conditions under Conditional Use Permit No. 100 and Tract Map No 44239, therefore requiring approvals for modifications to these conditions of approval, and, WHEREAS, on October 27, 1997, the Traffic Committee reviewed and approved the applicant's request to construct two 6' high access gates on the subject property, and, P C RESOLUTION NO. 99-11 PAGE 1 OF 5 PLANNING COMMISS RESOLUTION CONDITIONAL USE PERMIT NO. 100 REVISION 'B' GRADING PERMIT NO. 2036 WHEREAS, on March 22, 1999 the subject applications were deemed complete by Staff, and, WHEREAS, on April 7, 1999 the required public nonce was mailed out to property owners within a 500' foot radius of the subject property informing them of the proposed project and the scheduled public hearing, and, WHEREAS, on April 10, 1999 a notice was published in the Palos Verdes Peninsula News, and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 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 Conditional use Permit No 100 Revision B and Grading Permit No 2036 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 1, Section 15301((e)(1)), and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on April 27, 1999, at which all interested parties were given the opportunity to be heard and present evidence NOW, #rE, THE PLANNING COMMISSIONOF OF RESOLVERANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND # • Section 1: Tract Map No. 44239 was approved by the City Council to allow a multiple family zoning district (RM -8) which would consist of a 49 unit residential planned development. As approved, Condition No 10 was placed on the tract that prohibited an access gate at the main entrance to the subject complex off of Hawthorne Boulevard. Section 2- Conditional Use Permit No 100 was originally approved by the Planning Commission to allow the 49 -unit residential planned development with a condition that stated no fencing shall exceed 30" for a solid wall and a total height of five (5) feet with a combination wall Section 3: The Traffic Committee reviewed the applicants request to install two access gates on a private street and determined that the proposed turn around along with the proposed two guest parking stall outside of the main entrance gate will not adversely impact the flow of traffic along public streets P.C. RESOLUTION •• • 99-11 PAGE 2 OF PLANNING COMMISA RESOLUTION CONDITIONAL USE PERMIT NO. 100 REVISION B' GRADING PERMIT NO. 2036 Section 4: The Traffic Committee found that adequate access for emergency vehicles, such as a fire truck, will be accommodated provided that a knox box is maintained at all times on the subject property immediately adjacent to the main gate. Section 5: The Planning Commission hereby finds that the proposed access gates will not significantly adversely impact public or private roads serving the subject complex, as it relates to traffic flow Therefore, The Planning Commission recommends that the City Council allow the subject property, Villa Capri Townhomes, to enclose their property with two (2) six (6) foot high access gates Section 6: Based on the guidance provided by the Public Works Department, the Planning Commission finds that the proposed combination wall within the intersection visibility triangle will not adversely impact the flow of traffic or obstruct the view from vehicles turning right onto Hawthorne Boulevard in that the proposed combination wall does not extend into the line of sight provided that the solid portion of the combination wall does not exceed 30" in height, the required height for any structure within the intersection visibility triangle. Furthermore, any portion of the combination wall that exceeds 30" in height shall be eighty (80) percent open. Section 7. The proposed revision `B' to Conditional Use Permit No 100 will not adversely impact the six (6) required findings made at the time the Conditional Use Permit was adopted and approved by the Planning Commission Section 8: The Planning Commission hereby approves the request for Conditional Use Permit No. 100 as Revision `B' to allow a combination wall up to six (6) feet in height, provided that the solid portion of the wall does not exceed 30" in height Section 9: The proposed grading does not exceed that which is necessary for the primary use of the lot in that the proposed 674 cubic yards of grading and the construction of two (2) eight (8) foot high retaining walls will allow for increased width of the turning radius at the main entrance of the subject property, subsequently improving access for larger vehicles, such as fire trucks, and improving the flow of traffic Section 10: The proposed grading does not significantly adversely affect the visual relationship nor the views from neighboring properties in that the site of construction is at a significantly lower elevation than the neighboring properties and Hawthorne Boulevard. Section 11: The proposed grading minimizes the disturbance to the natural contours and the finished contours are reasonable natural in that the P.C. RESOLUTION NO. 99-11 PAGE 3OF5 PLANNING COMMISSM RESOLUTION CONDITIONAL USE PERMIT NO. 100 REVISION `B' GRADING PERMIT NO. 2036 subject site was previously graded at the time the tract was developed and that the subject grading is to be located on a manufactured 2.1 slope that blends with the finished contours by stepping the proposed retaining walls Section 12: The subject grading will not be located on any natural topographic feature that maintain any natural landscape or wildlife habitat that has not already been disturbed at the time the tract was developed Section 13: The subject grading will be located on a manufactured 2.1 slope that will consist of the construction of two (2) eight (8) foot high retaining walls and the back fill of 674 cubic yards of imported earth. The depth of the retention, as proposed, will exceed the permitted height limit of five (5) feet by nine (9) feet Section 14- The planning Commission finds that the proposed grading project complies with the required findings stated in the Development Code under Section 17.76 040 E 1 through Section 17.76.040 E.8, as discussed in Sections 9 through 12, and that approval of the proposed project will not constitute a special privilege in that the grading will improve access to the subject property from the primary entrance by increasing the width of the turning radius Furthermore, the subject grading will not be detrimental to the public's safety in that the increased turning radius will directly improve the flow of traffic on and around the subject property by increasing the holding capacity of vehicles in front of the proposed access gate Section 15: A Notice of Decision will be given to the applicant, all property owners adjacent to the subject property and any interested party informing them of the Planning Commission's decision Section 16: Any interested party may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17.02.040.C.1.j 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 the date of the Planning Commission's final action Section 17: Approval of Conditional Use Permit No 100 Revision 'B' shall be of no effect as to the installation of access gates until or unless Condition No. 44 of City Council Resolution No 86-41 is modified by the City Council to allow access gates Section 18: 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 Conditional Use Permit No 100 Revision 'B' and Grading Permit No 2036, thereby approving the revision to Condition No 10 of Planning Commission P C RESOLUTION NO. 99-11 PAGE 4OF5 PLANNING COMMISS4 RESOLUTION CONDITIONAL USE PERMIT NO. 100 REVISION'S' GRADING PERMIT NO. 2036 Resolution No 86-10 to allow a perimeter combination wall that consists of a thirty (30) inch solid wall, with a wrought iron fence above, up to a maximum height of six (6) feet and 674 cubic yards of back fill and the construction of two (2) eight (8) foot high retaining walls, subject to the conditions of approval in Exhibit "A" Section 19: The Planning Commission recommends that the City Council amend Condition No 44 of City Council Resolution No 86-41 to allow an access gate off of Hawthorne Boulevard PASSED, APPROVED, AND ADOPTED this 27th day of April, 1999, by the following vote: AYES: 5 Vice Chair Lyon, Commissioners Alberio, Clark, Slayden, Vannorsdall NOES: None ABSENTATION: Chairman Cartwright and Commissioner Paris ABSENT: None r JoeFtor , AIC Dirf Plan ,Building and Code Enforcement, and, Secretary to the Planning Commission I41L Jon S. Cartwright Chairman P C RESOLUTION NO 99- 11 PAGE 5OF5 EXHIBIT' A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 100 REVISION `B' GRADING PERMIT NO. 2036 GENERAL 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void 2 The approval shall become null and void after 180 days from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process 3 The proposed project shall be `constructed in substantial compliance with the plans dated and received by the Planning Department on February 22, 1999 4. Unless otherwise noted under the conditions of approval for Conditional Use Permit No. 100 Revision 'B' Exhibit A, all previous conditions under Tract Map No 44239 and Conditional Use Permit No. 100 shall remain in full force and effect 5. The conditions set forth under Conditional Use Permit No 100 Revision `B', as shown here as Exhibit A, shall be contingent on the approval of revisions to Tract Map No. 44239 by the City Council to permit an access gate of off Hawthorne Boulevard 6 If Conditional Use Permit No. 100 Revision B' is approved by the Planning Commission, the applicant shall submit an application to the Planning Department, requesting an amendment to the conditions of approval for Tract Map No. 44239, within 180 days from the date of the approval. 7. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions 8 The proposed grading site shall be temporarily enclosed with a six (6) foot CONDITIONS OF APPAL CONDITIONAL USE PERMIT NO.100 REVISION W GRADING PERMIT NO. 2036 APRIL 27, 1999 PAGE 2 high chain-link fence during the length of construction 9 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 10 The applicant shall obtain building permits from the Division of Building and Safety for the proposed project 11 The hours of construction shall be limited to 7 00 a m to 7 00 p m , Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays 12 The construction site 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 is not 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 CONDITIONAL USE PERMIT 13 A vehicular and pedestrian access gate located off of Hawthorne Boulevard shall be permitted at a proposed height of six (6) feet, as measured from the lowest elevation point, subject to the amendment by the City Council of Condition No 44 of City Council Resolution No 86-41 approved and adopted on June 17, 1986 14 The vehicular access gate shall be operable with a remote control that is provided to all the residents within the complex. 15 A pavement detector loop shall be provided at the access gate off of Hawthorne Boulevard for vehicles exiting the complex 16 A entry phone, that is connected to each unit within the Villa Capri complex, shall be maintained at the pedestrian entrance gate off of Hawthorne Boulevard 17 The entry gate shall comply with the Los Angeles County Fire Department's requirements for entry gates, including but limited to the maintenance of a knox box. 18 A secondary vehicular access gate adjacent to the Golden Cove shopping center shall be permitted at a height of six (6) feet CONDITIONS OF APPAL CONDITIONAL USE PERMIT NO.100 REVISION V GRADING PERMIT NO. 2036 APRIL 27, 1999 PAGE 3 19 Both access gates shall be on sliding rollers 20 The proposed perimeter combination wall within the intersection visibility triangle shall not exceed a solid wall height of 30", with a wrought iron fence on top of the wall, to a total height of six (6) feet The solid portion of the wall shall be compatible with the existing perimeter wall and the color of the building structures. This condition shall supersede Condition No 10 of Planning Commission Resolution No. 86-10 approved and adopted on February 25, 1986 21 The wrought iron fence on top of the perimeter wall shall be eighty (80) percent open 22. No portion of the combination wall within the intersection visibility triangle, as shown on the site plan dated February 22, 1999, shall extend beyond the established unobstructed line of site 23 Two guest parking stalls shall be maintained in front of the access gate off of Hawthorne Boulevard. The minimum dimensions for each parking stall shall be nine (9) feet in width and twenty (20) feet in length 24 A sixty-four (64) foot wide turning radius on Via Capri shall be maintained in front of the entry gate off of Hawthorne Boulevard 25 The turn around in front of the entry gate shall be finished with textured pavement 26 Modifications to exterior lighting and/or additional exterior lighting shall be reviewed and approved by the Director of Planning, Building and Code Enforcement 27 The proposed grading shall not exceed 674 cubic yards of imported earth 28 The proposed back fill shall be located on the pre-existing manufactured 2 1 slope between Via Capri and Via San Remo. 29 The depth of fill shall not exceed a height of fourteen (14) feet 30 The proposed back fill shall be retained by two eight (8) foot high retaining walls with a five (5) foot step between the two walls The area within the five (5) foot step shall be landscaped with vegetation that hangs over the p r CONDITIONS OF APPIAL CONDITIONAL USE PERMIT NO. 100 REVISION `B' GRADING PERMIT NO. 2036 APRIL 27, 1999 PAGE 4 lower wall. 31. The upper portion retaining wall shall have a 3'-6" high wrought iron fence on top of it to serve as a safety barrier from the sidewalk The total height of the retaining wall and fence shall not exceed 11'-6" 32. The City Geologist, in the Plan Check stage, shall review the proposed grading plans to determine whether geotechnical reports will be required.