PC RES 2000-027P C RESOLUTION NO. 2000-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO 24 -REVISION `B' AND
RECOMMENDING APPROVAL OF TRACT NO. 33034
AMENDMENT NO 2 TO THE CITY COUNCIL, THEREBY
APPROVING MODIFICATIONS TO THE CONDITIONS OF
APPROVAL AND RECOMMENDING APPROVAL OF
MODIFICATIONS TO THE FINAL MAP FOR THE
PANORAMA ESTATES COMMUNITY, LOCATED AT THE
SOUTHERLY TERMINUS OF CALLE DE SUEROS
WHEREAS, on July 12, 1977, the Planning Commission adopted P C Resolution
No 77-14, thereby conditionally approving Conditional Use Permit No 24 for a residential
planned development (RPD) consisting of eleven residential lots and a common open
space lot at the southerly terminus of Calle de Suenos, and on August 2, 1977, the City
Council adopted Resolution No 77-58, thereby certifying Environmental Impact Report
No 7 and conditionally approving Tentative Tract Map No 33034 for the subdivision of the
Panorama Estates community; and,
WHEREAS, on January 27, 1989, the applicant, Palos Verdes Panorama Owners'
Association (PVPOA) submitted an application for Conditional Use Permit No 24 -Revision
`A', requesting a reduction in the common open space area of the community, the deletion
of an emergency access easement located between the northerly tract boundary and the
property at 30630 Calle de Suenos, and the installation of vehicular gates on Calle de
Suenos at the northerly tract boundary; and,
WHEREAS, on May 9, 1989, the Planning Commission adopted P C Resolution
No 89-25, which allowed the reduction in common open space, changed the easement
references from "emergency access easement" to "access easement for sanitary sewer
purposes," imposed new restrictions on fencing within the sewer access easement, and
denied the request for vehicular gates, and,
WHEREAS, the Planning Commission's denial of the requested vehicular gates was
based in part upon a determination by Planning Staff and the City Attorney that the private
portion of Calle de Suenos located within the Panorama Estates community had been
offered and accepted for public use, based upon a notation in the Owners' Certificate on
the title page of the final map for Tract No 33034 and,
WHEREAS, on May 12, 2000 and June 26, 2000, PVPOA submitted applications
for Conditional Use Permit No 24 -Revision 'B' and Tract No 33034 -Amendment No 2 to
allow modifications to certain conditions of approval related to the private status of Calle
de Suenos within the community, and sewer easements and the former emergency access
easement on a portion of a former common open space lot located adjacent to the property
at 30630 Calle de Suenos, and,
WHEREAS, on July 14, 2000, the applications for Conditional Use Permit No 24 -
Revision 'B' and Tract No 33034 -Amendment No 2 were 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 State's 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 Conditional Use Permit No 24 -Revision 'B' and
Tract No 33034 -Amendment No 2 would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Section 15301),
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 August 8, 2000, 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. The request for modifications to conditions regarding the access
easement along the northerly tract boundary is appropriate because the original intent of
this easement to provide for emergency access is infeasible, due to the County's refusal
to provide a connecting easement across Los Verdes Golf Course The City already has
two sewer easements within the access easement area, but these sewer easements would
not be adversely affected by the deletion of the access easement. The nearest manholes
for the sewer lines within these easements are not located within the access easement
area Therefore, deleting the additional access easement along the northerly boundary of
Tract No 33034, which is referenced in the CUP and map conditions, will not have an
adverse effect upon the City's other sewer easements within Lot 12 In addition, with the
deletion of the access easement, there is no longer a compelling reason to prohibit the
replacement of the existing wrought -iron fencing at the west end of the access easement
area with a block wall The replacement of the existing wrought -iron fencing with a block
wall would not interfere with the existing sewer easements because the easements are not
located in this part of the property Also, other properties in this area that are encumbered
by easements for these same sewer lines are not burdened by the same restrictions on the
type of fencing allowed as the subject property currently is As such, the elimination of
these restrictions will be consistent with the treatment of other similarly -encumbered
properties in the immediate area
Section 2. The request for modifications to the conditions regarding the status of
the private portion of Calle de Sue -nos is appropriate because the notation on the Owners'
Certificate on the title page of the final map of Tract No 33034, which reads as follows
P C Resolution No 2000-27
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We hereby offer to the public use the private street shown on said map which
shall have ceased to remain closed or posted and shall have been opened
to the public travel for a period of three months or more,
should not have been included on the map because there were no conditions of approval
for the final map that required such an offer of dedication In fact, Section 91040(B)(1) the
City's 1977 Subdivision Code—the Code that was in effect at the time that the map was
originally approved—specifically prohibited the offering of private streets for dedication to
the public
Section 3: The application for Conditional Use Permit No 24 -Revision 'B' and
Tract No 33034 -Amendment No 2 does not propose vehicular gates on Calle de Suenos
In approving the instant application, the City in no way warrants or guarantees that any
future request for such gates will be approved Any future request for vehicular gates or
other access controls for the Panorama Estates community will require, at a minimum, the
approval of a conditional use permit revision by the Planning Commission
Section 4: The conditions of approval that were originally adopted on July 12,
1977 in conjunction with P C Resolution No 77-14, and subsequently amended by P C
Resolution No 84-16, P C Resolution No 89-25 and P C Resolution No 93-04, are
revised and superceded by the conditions of approval contained in Exhibit 'A' of this
Resolution, which are attached hereto and made a part hereof by this reference
Section 5: The Planning Commission recommends to the City Council that the
conditions of approval that were originally adopted on August 2, 1977 in conjunction with
Resolution No 77-58, and subsequently amended by Resolution No 93-04, should be
revised and superceded by the conditions of approval contained in Exhibit 'B' of this
Resolution, which are attached hereto and made a part hereof by this reference
Section 6. Nothing stated herein shall affect any other existing easements located
within Lot 12 of Tract No 33034
Section 7: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Sections 16 12 020(E) and
17 60 060 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 August 8, 2000, the date of the Planning Commission's final action
Section 8: 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 24 -Revision 'B' and recommends approval of Tract No 33034 -Amendment No 2 to the
City Council
P C Resolution No 2000-27
Page 3 of 11
PASSED, APPROVED, AND ADOPTED this 8th day of August 2000, by the following vote:
AYES Chairman Lyon, Commissioners Long, Paulson and Vannorsdall
NOES. none
ABSTENTIONS: Commissioner Cartwright
ABSENT Vice Chairman Clark and Commissioner Mueller
Frank Lyon
Chairman
J)z(e'l Rjas, A16P
QirectqV of Plannin"uilding
and-0ode Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No 2000-27
Page 4 of 11
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 24 -REVISION `B'
(Panorama Estates)
Prior to issuance of a building or grading permit, and prior to approval of a final map,
a bond, or other acceptable security, shall be posted to ensure the completion of all
common area and off-site improvements including landscaping, recreational
facilities, and other site features as per approved plans
2 A landscaping plan (which includes street trees) shall be submitted for approval by
the Director of Planning Said plan shall include but not be limited to plant materials
(proposed and existing), walls/fences, treatment of emergency vehicle easements,
and lighting
3 The ridgelines of all future structures on Lots 1 and 3 shall not exceed an elevation
of 564 feet above sea -level and of Lot 2 shall not exceed an elevation of 568 feet
above sea -level On the remaining lots no structure shall exceed sixteen (16) feet
in height as defined in Section 9113 B (method of measuring height) of the City's
Development Code A height variation may be granted on an individual basis if it
can be found that said structure is consistent with Section 9113 (height variation) of
the Code
4 No more than eleven (11) single family detached dwelling units shall be permitted
5 Final building and site plans, including elevations, private outdoor living area, and
lighting shall be submitted to the Director of Planning for approval
6 All necessary legal agreements and documents, including homeowners' association,
deed restrictions, covenants, dedication of development rights, easement, and
proposed method of maintenance and perpetuation of open space areas, shall be
submitted and approved by the City Attorney and the Director of Planning prior to
approval of the final map
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8 A pedestrian access easement shall be provided which shall allow for public access
from the northern -most tract boundary to Lot 44 of Tract 29115, as per the approved
Tentative Tract Map and associated conditions Upon submittal of a grant deed in
P C Resolution No 2000-27
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a form acceptable to the City Attorney, ownership of the underlying fee of the Pt
Vicente Trail easement, including the path and stairs, shall be transferred to the
City At that time, the City will incur all maintenance and ownership responsibilities
for the path and stairs
9 Approval of this Conditional Use Permit is subject to the approval of Tentative Tract
Map No 33034 by the City Council without substantial changes or modifications
hereto.
10. All future structures and other improvements shall conform to open space, setback,
parking, and height requirements as established in Section 9112 of the Development
Code. Notwithstanding any other limitations imposed by these conditions, the
construction of fences, walls and other minor accessory and appurtenant structures
on Lot 12 may be allowed, subject to the approval of the appropriate City permits
11. Prior to approval of the final map, covenants, conditions, and restrictions shall be
submitted to the Director of Planning for review Said CC&Rs shall include, but not
be limited to the following provisions -
A. Maintenance of the private street, and other commonly owned areas;-aAd
shall be ensured through the establishment of a
Homeowners' Association (or equal) and CC&Rs Furthermore, maintenance
fees for said areas cannot be reduced without written approval of the City.
B. Identify all factors that involve structure appearance use restrictions.
C Provide that all easement
dedications shall not allow for structures, accessory structures, fence, hedge
or other unapproved landscaping, or any other such obstacle to encroach
within the easement unless approval is granted in writing from the City of
Rancho Palos Verdes Furthermore, provide that all structures shall have a
minimum setback of fifteen feet (15'-0") from said easements.
D Limit the height of all structures on Lots 1;-,27 and 3 to a maximum elevation
of 564 feet above sea -level and Lot 2 to a maximum elevation of 568 feet
above sea -level. Structures on all remaining lots shall be limited to sixteen
(16) feet (as defined by the City's Development Code) unless it can be clearly
demonstrated that there will be no adverse impact and if approval is granted
for a height variations pursuant to Section 9113 of the Code.
E Membership in the homeowners' association should be inseparable from
ownership in the individual lots
P.0 Resolution No 2000-27
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EXHIBIT'B'
CONDITIONS OF APPROVAL
FOR TRACT NO.33034-AMENDMENT NO 2
(Panorama Estates)
1 This approval expires twelve (12) months from the date of approval of this Tract Map
by the City Council of the City of Rancho Palos Verdes
2 A final grading plan must be approved by the Director of Planning and City Engineer
prior to filing of the final map
3 A preliminary soil report is required before grading plan approval
4 Prior to issuance of building permits, submit a soil engineer's report on the
expansive properties of soils as such soils are defined by Building Code Section
2903(d) on all building sites in the proposed subdivision
5 Landscape and irrigation plans (including street trees) must be approved prior to
filing of a final map Bonds and agreements must be submitted for any required
grading, landscaping, or irrigation improvements prior to filing of the final map
6 Drainage plans and necessary support documents to comply with the following
requirements must be approved prior to filing of a final map
a Provide drainage facilities to remove the flood hazard to the satisfaction of
the City Engineer and show the necessary easements on the final map
b A note of flood hazard to the satisfaction of the City Engineer will be allowed
on the final map for Lot 12 only and dedicate to the City the right to restrict
the erection of buildings or other structures within those portions designated
as areas subject to flood hazard
C Show and label all natural drainage courses, unless they are replaced by
drainage facilities
d No building permits will be issued for lots subject to flood hazard until
adequate drainage facilities protecting those lots are operable, as determined
by the City Engineer
e Provide drainage facilities to protect the lots from high velocity scouring
action
P C Resolution No 2000-27
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Provide for contributory drainage from adjoining properties
7 The final map must be approved by the Engineering Geology Section to assure that
all geologic factors have been properly evaluated
8 A grading plan must be approved by the Engineering Geology Section This grading
plan must be based on a detailed engineering geology report and/or soils
engineering report and must be specifically approved by the geologist and/or soils
engineer and show all recommendations submitted by them It must also agree with
the tentative map and conditions as approved by the Planning Commission All
buttresses over twenty-five (25) feet must be accompanied by calculations
9 All geologic hazards associated with this proposed development must be eliminated
or delineate a restricted use area approved by the consultant geologist to the
satisfaction of the Engineering Geology Section and dedicate to the City the right to
prohibit the erection of buildings or other structures within the restricted use areas
10 Specific recommendations will be required from the consultant(s) regarding the
suitability for development of all lots designed essentially as ungraded site lots A
report will be filed with the State Real Estate Commissioner indicating that additional
geologic and/or soils engineering studied may be required for ungraded site lots by
the Engineering Geology Section
11 Approval of this land division is contingent upon the installation and dedication of
local main line sewers and separate house laterals to serve each lot of the land
division
12 The subdivider shall consult the Sanitation Division of the Department of City
Engineer to determine the sewer design requirements
13 Easements are tentatively required, subject to review by the City Engineer, to
determine the final locations and requirements
14 All lots 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 Fire
Chief The water mains shall be of sufficient size to accommodate the total
domestic and fire flows required for the land division Domestic flows required are
to be determined by the City Engineer Fire flows required are to be determined by
the Fire Chief
15 At the time the final land division map is submitted for checking, plans and
specifications for the water system facilities shall be submitted to the City Engineer
for checking and approval and shall comply with the City Engineer's standards
P C Resolution No 2000-27
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Approval for filing of this land division is contingent upon approval of plans and
specifications mentioned above If the water system facilities are not installed prior
to the filing of this land division, the subdivider must also 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 guaranteeing the installation of the water system, or
b An agreement and other evidence satisfactory to the City Engineer indicating
that the subdivider has entered into a contract with the serving 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
16 There shall also be filed with the Mapping Division a statement from the water
purveyor indicating that the proposed water mains and other required facilities will
be operated by the purveyor and that, under normal operating conditions, the
system will meet the requirements for the land division
17 A final tract map prepared by, or under the direction of, a registered civil engineer
or licensed land surveyor must be processed through the City Engineer prior to
being filed with the County Recorder
18 Easements shall not be granted or recorded within areas proposed to be granted,
dedicated, or offered for dedication for public streets or highways, access rights,
building restriction rights, or other easements until after the final tract map is filed
with the County Recorder, unless such easements are subordinated to the proposed
grant or dedication If easements are granted after the date of tentative approval,
a subordination must be executed by the easement holder prior to the filing of the
final tract map
19 Prior to submitting the tract map to the City Engineer for his examination pursuant
to Section 66442 of the Government Code, obtain clearances from all affected
departments and divisions, including clearance from the Subdivision Section of
Mapping Division of the County Engineer for the following items mathematical
accuracy, survey analysis, correctness of certificates and signatures, etc
20 Right of way for private drain No T476 shall be correctly shown and labeled on the
final map
21 Dedicate to the City complete access rights to all adjacent areas, except for Calle
de Suenos
P C Resolution No 2000-27
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22. The extension of Calle de Suehos which serves Tract 33034 shall be shown on the
final map as a private street
23. The subdivider shall be required to repair portions of streets damaged by him during
construction of the project
24. Dedicate to the City the right to prohibit the construction of structures within all
commonly owned areas Lot 12), except for common recreational facilities, fences,
walls and other minor accessory and appurtenant structures, which may be allowed,
subject to the approval of the appropriate Cityep rmits
25. If a remainder of the ownership is not shown as a lot on this map or a parcel map
filed to separate the property, the remainder of the ownership should be shown as
a "not a part" with a note to the satisfaction of the City Engineer indicating that the
"not a part" is not in compliance with the Subdivision Map Act and local ordinance
26 A parkland dedication fee of $3487.00 shall be paid to the City prior to the approval
of the final tract map
27. The developer shall post a cash deposit or bond or a combination thereof in an
amount sufficient to cover the cost of improvement of the emergency vehicle access
and pedestrian access easements. Said improvements shall include appropriate
surface treatment, low-level lighting, and landscaping. The decision of the extent
of said improvements shall be subject to approval by the Director of Planning The
maintenance of said access improvements, except for the pedestrian easement (Pt.
Vicente Trail) shall be the responsibility of the Homeowners' Association Upon
recordation of a grant deed in a form acceptable to the City Attorney, ownership of
the underlying fee of the Pt. Vicente Trail easement, including the path and stairs,
shall be transferred to the City. At that time, the City will incur all maintenance and
ownership responsibilities for the path and stairs All bond monies and/or cash
deposits shall be released and/or refunded to developer if not utilized for said
purpose within five (5) years from the date of recording the final tract map.
28 Prior to approval of the final map, a qualified archaeologist shall perform definitive
tests to determine the extent and exact location of archaeological resources. The
archaeologist's written statement and recommendations shall be transmitted to the
Director of Planning so that it may be studied and a determination of final action can
be made If the resources are determined to be significant the developer shall be
required to excavate or preserve the site(s). Excavation should be carried out under
the direction of a qualified observer
29. Prior to recordation, comply with Section 66493-C (relative to special assessments)
of the State Subdivision Map Act.
P C Resolution No. 2000-27
Page 10 of 11
30 A bond or cash deposit shall be posted to guarantee the installation of an
ornamental street light at each end of the private street. The maintenance of these
lights shall be the responsibility of the homeowners' association
31 Except for the private street riaht-of-wav of Calle de Suenos. T44a4 no vehicular
access will be permitted onto Lot 12 and that this be made a part of the CC&Rs
Within Tract No. 33034, Calle de Suenos is a private street, which is for the
exclusive use of the members of the Association, their invitees and quests, and the
holders of any easements within the private street right-of-way of Calle de Suenos.
32 That a setback, to be determined by staff, be required for lots 1 through 5 which
border the golf course Such setback will be wide enough to create sufficient
distance for safety from stray golf balls Developer will be required to provide
appropriate landscaping and fencing to provide maximum safety
33 Developer will be required to improve subject emergency right-of-way through the
golf course, subject to the City obtaining right-of-way
34 Pathway reflected in Conditional Use Permit No 24 shall be relocated at the request
of the City to another location within the subdivision in the event of City's ability to
obtain access in another location
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PC Resolution No 2000-27
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