PC RES 2000-041P.C. RESOLUTION NO. 2000-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING THE
REQUEST FOR CONDITIONAL USE PERMIT NO. 158 -
REVISION 'C' AND SIGN PERMIT NO. 1096 FOR SMALL
SECTIONS OF MAXIMUM 6 -FOOT -TALL PERIMETER
WALL, FOUNTAINS AND TRACT IDENTIFICATION SIGNS,
AND APPROVING WITH MODIFICATIONS THE REQUEST
FOR COASTAL PERMIT NO. 94 -REVISION `A' AND
ENCROACHMENT PERMIT NO. 32 FOR TRACT ENTRY
OBSERVATION BOOTHS IN THE PUBLIC RIGHTS-OF-WAY
OF PASEO DE LA LUZ, VIA DEL CIELO AND CALLE
VIENTO, FOR THE OCEANFRONT PROJECT (TRACT MAP
NO. 46628), LOCATED AT HAWTHORNE BOULEVARD
AND PALOS VERDES DRIVE WEST
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 for a residential planned development of seventy-nine single-family lots and five
open space lots on a 132 -acre vacant site, located seaward of the terminus of Hawthorne
Boulevard at Palos Verdes Drive West, between the Lunada Pointe community on the north
and the Point Vicente Interpretive Center on the south, and,
WHEREAS, on February 25, 1997, the Planning Commission adopted P C
Resolution No 97-12, approving Conditional Use Permit No 158 -Revision 'A' for minor
revisions to certain conditions of approval related to the relocation of Lots 78 and 79 of
Vesting Tentative Tract Map No 46628, as required by the U S Fish and Wildlife Service,
and this action was subsequently upheld by the City Council on March 11, 1997, and,
WHEREAS, April 14, 1998, the Planning Commission adopted P C Resolution
No 98-13, approving Conditional Use Permit No 158 -Revision 'B' for miscellaneous
revisions to the development standards for Vesting Tentative Tract Map No 46628, but this
action was subsequently overturned on appeal to the City Council on June 16, 1998, and,
WHEREAS, on August 23, 2000 and September 28, 2000, the applicant, RPV
Associates LLC, submitted applications for Conditional Use Permit No 158 -Revision 'C,
Coastal Permit No 94 -Revision 'A', Encroachment Permit No 32 and Sign Permit No 1096
to allow the replacement of sections of 3 -foot -tall tract perimeter fence with small sections
of solid wall up to six feet in height at the tract entries, installation of two 14 -foot -tall
manned tract entry observation booths in the public rights-of-way of Via Vicente and Calle
Entradero, and installation of tract identification signs for the Oceanfront project (Tract No
46628), and,
WHEREAS, on September 28, 2000, the applications for Conditional Use Permit
No 158 -Revision 'C, Coastal Permit No. 94 -Revision 'A', Encroachment Permit No 32 and
Sign Permit No 1096 were deemed complete by Staff; and,
WHEREAS, on November 14, 2000, the City and the applicant agreed to a 90 -day
extension of the decision deadline for these applications, 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 158 -Revision 'C,
Coastal Permit No. 94 -Revision 'A', Encroachment Permit No. 32 and Sign Permit No 1096
would have a significant effect on the environment because the environmental impacts of
the project have been previous addressed by the mitigation measures adopted pursuant
to Final Environmental Impact Report No. 35, and the proposed revisions are within the
scope of the project analyzed in Final Environmental Impact Report No. 35 and are
consistent with the approved mitigation measures, 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 24, 2000, November 14, 2000 and November 28, 2000, 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:
Section 1: The Planning Commission makes the following findings of fact with
respect to the applications for Conditional Use Permit No. 158 -Revision 'C' and Sign Permit
No. 1096 for the proposed modifications to the tract perimeter fencing and installation of
tract identification signage
A. As originally adopted by the City Council, Condition No. L1 c of P.C. Resolution
No. 92-27 for Conditional Use Permit No. 158 stipulates that "a maximum three (3)
foot high fence that allows 90% light and air to pass through shall be placed along
the east property line adjacent to Palos Verdes Drive West." The purpose of this
condition was to minimize the impairment of public and private views over the
property. With respect to public views, the proposed segments of solid walls and
taller pilasters constitute approximately one hundred sixty-four feet (164 ft ) of the
perimeter fencing, out of a total site frontage of approximately eight -tenths (0.8) of
a mile. This amounts to less than four percent (4%) of the total perimeter fencing
None of the proposed improvements will encroach upon the intersection visibility
triangle at either intersection. With respect to private views, all of the homes that
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directly overlook the two tract entries are at a higher elevation such that the
proposed solid wall sections will not impair ocean views. Therefore, the Planning
Commission finds that the requested modification to Condition No. L1c of P.C.
Resolution No. 92-27 is appropriate since it will not adversely effect views and will
serve to enhance the appearance of the entries to the Oceanfront project.
B. The permanent and temporary signs proposed by the applicant are consistent with
the height and size limitations established for such signs in the Rancho Palos
Verdes Development Code. In addition, the illumination of the permanent signs will
be subject to the review and approval of the Director of Planning, Building and Code
Enforcement within thirty (30) days of the installation of the permanent signs
Therefore, the Planning Commission finds that the proposed signs are appropriate
and consistent with City standards.
Section 2: The Planning Commission makes the following findings of fact with
respect to the applications for Coastal Permit No. 94 -Revision 'A' and Encroachment Permit
No. 32 for the proposed manned tract entry observation booths in the rights-of-way of
Paseo de la Luz, Via del Cielo and Calle Viento
A. The installation of the proposed manned tract entry observation booths is consistent
with the Coastal Specific Plan and the City's original approval of Coastal Permit
No 94 The Visual Corridors Section of the Corridors Element of the Coastal
Specific Plan identifies the entire frontage of the Oceanfront project as a sensitive
visual corridor. The modified 12 -foot -tall booths at the entries to Paseo de la Luz,
Via del Cielo and Calle Viento will not significantly impair ocean views from Palos
Verdes Drive West or Hawthorne Boulevard Therefore, as modified and
conditioned by this action, the revised tract entry observation booths are consistent
with the Visual Corridors Section of the Corridors Element of the Coastal Specific
Plan.
B. The installation of the proposed manned tract entry observation booths is consistent
with the applicable public access policies of the Coastal Act and the City's original
approval of Coastal Permit No. 94. The Oceanfront project was required to provide
public coastal access in the form of the bluff -top loop road and trail system. Both
of these public access features are primarily accessible at the two tract entry points
on Palos Verdes Drive West The modified 12 -foot -tall booths at the entries to
Paseo de la Luz, Via del Cielo and Calle Viento will not interfere with the general
public's ability to access the public bluff -top loop road and trail system, nor the
interior public streets of the tract. This is consistent with Section 30211 of the
Coastal Act, which states that "[development] shall not interfere with the public's
right of access to the sea where acquired through use or legislative authorization."
In addition, the modified booths may provide improved security for the residents of
the Oceanfront community. This is consistent with Section 30214(b) of the Coastal
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Act, which requires that "the public access policies of [the Coastal Act] be carried
out in a reasonable manner that consider the equities and that balances the rights
of the individual property owner with the public's constitutional right of access."
Therefore, as modified and conditioned by this action, the revised tract entry
observation booths are consistent with the applicable coastal access policies of the
Coastal Act.
C. The encroachment of the proposed manned tract entry observation booths into the
public rights-of-way of Paseo de la Luz, Via del Cielo and Calle Viento is in the best
interest of the City The modified booths will have no significant adverse impact
upon public or private views In addition, the relocation of the booths away from the
bluff -top loop road (Via Vicente/Calle Entradero) will not create a psychological
barrier to public access to the community. The modified booths, as conditioned, will
be consistent with the development standards for such structures, as established
by City Council Policy No. 31, with the exception that they will exceed one hundred
twenty square feet (120 ft') in area However, City Council Policy No 31 also
requires the booths to "be compatible with the character and architectural styles of
surrounding residences," and the Planning Commission finds that booths at a
maximum size of two hundred fifty square feet (250 ft2) in area would be more in
keeping with the homes in the Oceanfront community. Therefore, as modified and
conditioned by this action, the revised tract entry observation booths are in the City's
best interest.
D The encroachment of the proposed manned tract entry observation booths into the
public rights-of-way of Paseo de la Luz, Via del Cielo and Calle Viento is not
detrimental to public health and safety. One of the primary purposes of these
booths is to enhance the safety and security of the Oceanfront community In
addition, the booths will be required to be constructed in compliance with all
applicable Building codes. Therefore, the revised booths will not be detrimental to
public health and safety.
E. There is no alternative location on private property to accommodate the proposed
tract entry observation booths. The medians in Paseo de la Luz, Via del Cielo and
Calle Viento are located within public rights-of-way For the purposes of monitoring
vehicles entering and exiting the community, the placement of the booths in these
medians is the most logical location. In addition, the properties to one or both side
at each of these entries are open space lots that have been dedicated to the City.
As such, there are no alternative locations for these booths that will not be in either
public right-of-way or on other public property. Therefore, there is no alternative
location on private property for the revised booths.
F. The encroachment of the proposed manned tract entry observation booths into the
public rights-of-way of Paseo de la Luz, Via del Cielo and Calle Viento has been
P.0 Resolution No 2000-41
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designed in the safest manner possible The relocation of the proposed booths to
the entries of the interior streets minimizes traffic conflicts on the bluff -top loop road
(Via Vicente/Calle Entradero). In addition, the approval of the booths will be
conditioned to incorporate features such as bollards that will protect the safety of the
booths themselves Therefore, the revised booths have been designed in the safest
manner possible.
G. The encroachment of the proposed manned tract entry observation booths into the
public rights-of-way of Paseo de la Luz, Via del Cielo and Calle Viento does not
result in significant impairment of either public or private views The relocated
booths no longer impair direct and indirect ocean views from the rights-of-way of
Hawthorne Boulevard and Palos Verdes Drive West. In addition, the relocation of
the booths minimizes the impairment of views from private property on Via Cambron
and Rue Langlois, which are located on the inland side of Palos Verdes Drive West.
Therefore, the revised booths will not result in significant view impairment
Section 3: 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 72 100
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 28, 2000, the date of the Planning Commission's final action
Section 4: 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 158 -Revision 'C' and Sign Permit No. 1096 for small sections of maximum 6 -foot -tall
perimeter wall, fountains and tract identification signs, and approves with modifications
Coastal Permit No. 94 -Revision 'A' and Encroachment Permit No 32 for tract entry
observation booths in the public rights-of-way of Paseo de la Luz, Via del Cielo and Calle
Viento, for the Oceanfront project (Tract Map No. 46628), located at Hawthorne Boulevard
and Palos Verdes Drive West, 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 2000-41
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PASSED, APPROVED and ADOPTED this 28th day of November 2000, by the following
vote
AYES Chairman Lyon, Commissioners Cartwright, Mueller and Paulson
NOES Commissioner Vannorsdall
ABSTENTIONS none
ABSENT Vice Chairman Clark. and Commissioner Long
f
Joel R has, AiCP
Director of Planni, B ilding
ode Enforce.
and Secretary
to the Planning Commission
;/ tj --
Frank Lyon
Chairman
P C Resolution No 20001+1
Page 6 of 12
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 158 -REVISION 'C',
COASTAL PERMIT NO. 94 -REVISION `A',
ENCROACHMENT PERMIT NO. 32
AND SIGN PERMIT NO. 1096
(Oceanfront, Tract No. 46628)
General
Prior to the submittal of plans into Budding 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 sections of 3 -foot -tall tract perimeter fence
with small sections of solid wall up to six feet (6'0") in height, permanent and
temporary tract identification signs and three (3) manned tract entry observation
booths for the Oceanfront project (Tract No. 46628). The maximum height of the
solid perimeter wall sections at the tract entries shall be six feet (60"), and the
maximum height of the pilasters and the wall sections for the permanent and
temporary signs shall be forty-two inches (42"). The maximum sign area shall be
thirteen square feet (13 ft2), with one permanent and one temporary sign at each
tract entry. The maximum height of the tract entry observation booths shall be
twelve feet (12'0") and the maximum size of the booths shall be two hundred fifty
square feet (250 ft2) 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 No. 158 -Revision 'C', Coastal Permit No. 94 -Revision 'A',
Encroachment Permit No. 32 and/or Sign Permit No 1096 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 and the special development
standards for the Oceanfront community pursuant to Conditional Use Permit
No 158 and revisions.
P C. Resolution No 2000-41
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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
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 Said conditions of approval are incorporated herein
by this reference
9. The conceptual landscaping depicted on the approved plans is not a part of this
approval. The landscaping at the tract entries shall be subject to the review and
approval of a precise landscape plan by the Director of Planning, Building and Code
Enforcement, and shall be installed and maintained so as not to significantly impair
protected views from surrounding properties or public rights-of-way.
10. Prior to the construction of the booths, walls, fences, fountains and/or signs
approved by this permit, or within thirty (30) days of the final effective date of the
City's action on these applications, whichever occurs first, the developer shall open
the bluff -top loop road (Via Vicente/Calle Entradero) to vehicular traffic and shall
complete the off-street parking lot and the two on -street parking turnouts. The
developer shall be responsible for the completion of any remaining paving, striping
and signage for the loop road and parking areas, to the satisfaction of the Director
of Public Works and the Director of Planning, Building and Code Enforcement.
Once the bluff -top loop road is open to vehicular traffic, if the developer chooses to
P.0 Resolution No. 2000-41
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retain security personnel on the site, they shall not act to impede general public
access to the bluff -top loop road, parking areas or trail system by pedestrians,
bicyclists and/or motorists Within thirty (30) days of the final effective date of the
City's action, the developer shall also submit a sign plan for public access and trail
signage for the review and approval of the Director of Planning, Building and Code
Enforcement, using the approved Ocean Trails sign program as a model
11. The shrubs and foliage along Palos Verdes Drive West shall be maintained so as
not to exceed one foot (1'0") in height
Conditional Use Permit No 158 -Revision 'C' and Siqn Permit No 1096
12. The maximum height of the solid perimeter wall sections for the fountains shall be
six feet (60"), and the maximum width of these wall sections shall be fourteen feet
(14'0"). The proposed fountains associated with these wall sections shall not
exceed a depth of twenty-four inches (24").
13 No portion of any structures or improvements located within the intersection visibility
triangles at either tract entry shall exceed a height of thirty inches (30") above the
curb elevation of Palos Verdes Drive West, Via Vicente or Calle Entradero
14. The maximum height of the solid perimeter wall sections for the permanent and
temporary signs shall be forty-two inches (42"), and the maximum width of these
wall sections shall be fourteen feet (14'0").
15. Notwithstanding the existing freestanding signs permitted in conjunction with the
operation of the temporary sales office and model complex, a maximum of one
permanent and one temporary (i.e., banner) sign is permitted at each tract entrance
Each sign shall not exceed thirteen square feet (13 ft2) in area The existing non -
permitted banner signs may be used as the one, permitted temporary sign at each
entry under the terms of this condition.
16. Within thirty (30) days of the installation of the permanent 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.
Coastal Permit No 94 -Revision 'A' and Encroachment Permit No. 32
17 The maximum height of the tract entry observation booths shall not exceed twelve
feet (12'0") No cupolas or other architectural features in excess of the 12 -foot -
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0
height limit will be permitted. No vehicle gates will be permitted, whether functional
or non-functional.
18. The tract entry observation booths shall not exceed a maximum of two hundred fifty
square feet (250 ft') in area.
19. Restroom facilities shall be provided within each tract entry observation booth for the
use of security personnel Said restrooms shall be handicap -accessible, subject to
the review and approval of the City's Building Official.
20 All necessary utilities for the tract entry observation booths shall be located
underground. The developer shall be responsible for obtaining the applicable
permits for all necessary utility connections
21. All minimum sight distances and turning radii shall be maintained, subject to review
and approval by the City's Traffic Committee and/or engineering consultant.
22. The tract entry observation booths shall be located entirely within the curbed,
landscaped medians of Paseo de la Luz, Via del Cielo and Calle Viento.
23. No portion of any eave and/or overhang shall extend beyond the edge of the curb
of the landscape median, or into any travel lanes. The booths shall be designed to
maintain appropriate lateral and overhead clearance to ensure that large and/or
high-profile vehicles or trucks will not hit the overhangs on the building.
24. Protective bollards shall be installed at each corner of the booths to reduce the
potential for accidental damage caused by vehicles
25 The observation booths shall be compatible with the character and architectural
styles of surrounding residences, subject to the final review and approval of the
Director of Planning, Building and Code Enforcement
26. Directional and informational signage shall be permitted in association with
construction of the observation booths. Said signage shall inform the general public
of the public status of the streets and the availability of public access to the trails
and other coastal resources within the Oceanfront community. The final language,
design and placement of said signage shall be subject to the review and approval
of the Director of Planning, Building and Code Enforcement, and the signs shall be
installed prior to the commencement of use of the booths Installation of signs with
changeable copy intended to provide general information regarding upcoming
events, meetings, etc, shall not be permitted within the public right-of-way.
27. Any proposed exterior lighting shall be located on the facade of the booths or under
the eaves, at a maximum height of ten feet (10'0"). All exterior lighting shall be
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shielded and directed downwards to prevent direct illumination of or towards
surrounding properties.
28. Ingress/egress vehicle lanes shall be a minimum of eighteen feet (18'0") wide at the
observation booths to allow vehicles to pass a stopped vehicle. Wider travel lanes
may be required at the discretion of the City.
29. Approval of Encroachment Permit No 32 shall be subject to the following additional
conditions:
a The developer shall comply with all recommendations and requirements, if
any, of the City's Planning Commission, Traffic Committee, or Traffic
Engineer.
b Prior to construction of the observation booths, the developer shall submit to
the City a "Hold Harmless" agreement for recordation, to the satisfaction of
the City Attorney.
C. Prior to construction of the observation booths, the developer shall submit to
the City a Use Restriction Covenant for recordation, agreeing to remove the
encroachments within sixty (60) days of notice given by the Director of Public
Works, except in case of an emergency where less notice may be required.
The owner shall also acknowledge that failure to remove the encroachments
within the specified time will result in removal of the structures by the City,
and that the developer shall be billed by the City for the costs of removal of
the encroaching structures.
d Prior to construction of the observation booths, the developer shall obtain a
minimum of one million dollars ($1,000,000) liability insurance, naming the
City as an additional insured, subject to review and acceptance by the City
Attorney. Proof of said insurance shall be provided to the City annually.
e. Prior to construction of the observation booths, the developer shall obtain an
Encroachment Permit from the Department of Public Works. The owner shall
be responsible for any fees associated with the issuance of said permit
The encroachments shall be constructed and installed in accordance with the
approved plans, and the developer shall comply with all conditions and
requirements that are imposed on the project.
g. Prior to construction of the encroachments, 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.,
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underlying right-of-way, adjacent property, or common area owned by a
homeowners association, if any), until such time as the encroaching
structures are removed from the right-of-way
h No person and/or vehicle shall be required to present identification nor
otherwise be restricted, prohibited, or denied access to any public right-of-
way, including but not limited to streets, sidewalks, parks, and/or public trails
as a result of construction of any attended or unattended observation booth
Prior to construction of the encroachment, the developer shall submit to the
City a Covenant agreeing to assume all responsibility for maintenance and
upkeep of the structures
30 Within six (6) months after the commencement of use of the tract entry observation
booths, the Planning Commission shall review the operation of the booths to assess
their effectiveness and any impacts they may have upon public access to coastal
resources in the Oceanfront community After conducting a duly -noticed public
hearing on the matter, the Planning Commission may add, delete or modify any
conditions of approval that it deems appropriate to protect public health, safety and
general welfare
MAProjects\CUP 158 -Rev 'C'—CP 94 -Rev 'A'_EP 32_SP 1096 (CPH)\PC Resolution 2000-41.doc
P C Resolution No 2000-41
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