CC RES 2022-005 RESOLUTION NO. 2022-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AFFIRMING THAT, BASED ON THE
DEVELOPMENT AGREEMENT APPROVED BY ORDINANCE NO.
344, THE OCEANFRONT ESTATES HOMEOWNERS'
ASSOCIATION IS THE ENTITY RESPONSIBLE FOR
MAINTAINING.THE PERIMETER ORNAMENTAL LANDSCAPING
(INCLUDING ACACIA) LOCATED WITHIN LOT NOS. 80, 81, 83,
AND 84 (OCEANFRONT ESTATES TRACT).
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 79 single-family lots and 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 to the south.
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.
WHEREAS, on 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.
WHEREAS, on February 2, 1999, a Development Agreement was approved as
part of Ordinance No. 344, which memorialized, among other things, future maintenance
obligations of the Oceanfront Estates Homeowners' Association ("HOA").
WHEREAS, on November 28, 2000, the Planning Commission adopted P.C.
Resolution No. 2000-41, approving Conditional Use Permit No. 158-Revision 'C', et al. for
three tract entry observation booths on the interior streets of the tract, as well as
modifications to the tract perimeter fencing and the installation of tract identification
signage, which was subsequently upheld on appeal to the City Council with the adoption
of Resolution No. 2001-08 on February 8, 2001, but then was appealed to the California
Coastal Commission on February 26, 2001 and was denied..
WHEREAS, on July 10, 2001, the Planning Commission adopted P.C. Resolution
No. 2001-16, denying without prejudice Conditional Use Permit No. 158-Revision 'D' and
Coastal Permit No. 94-Revision 'B' for a proposal to allow the main roof ridgeline of the
residence at 74 Via del Cielo (Lot 33 of Tract 46628) to be oriented less-than-
perpendicular to Palos Verdes Drive West.
WHEREAS, on September 25, 2001, the Planning Commission adopted P.C.
Resolution No. 2001-31, approving Conditional Use Permit No. 158-Revision 'E' for
revisions to the tract development standards to allow the encroachment of 30-inch-tall
planters, seat walls and fire pits and 42-inch-tall pool equipment and built-in barbecues
into the rear-yard setback areas.
WHEREAS, on April 15, 2003, the City Council adopted Resolution 2003-24, which
upheld an appeal and overturned the Planning Commission's denial of a request for a
Conditional Use Permit Revision (Case No. ZON2002-00282) to allow revisions to the
development standards for the properties at 32, 34, 36, and 38 Via del Cielo (Lots 36, 37,
78 and 79 of Tract Map No. 46628 (Oceanfront)) to allow 14,000 cubic yards of additional
rough grading to lower the rear portions of the lots and create pad lots; to allow the
construction of two-story, rather than split-level, homes on these lots; and to allow the
phased re-grading and revegetation of City-owned Lot 80 of Tract Map No. 46628.
WHEREAS, on May 15, 2007, the City Council acknowledged the transfer of
ornamental landscaping maintenance responsibility from the developer to the HOA, and
maintenance responsibility of the habitat to the City, for the open space lots in the
Oceanfront Estates Community (Tract Map No. 46628).
WHEREAS, on March 3, 2021, the City's Code Enforcement staff opened a
property maintenance code case in response to complaints about overgrown and view
impairing foliage along Palos Verdes Drive West on Lot Nos. 80, 81, 83, and 84 within
the Oceanfront Estates Tract No. 46628, and sent several letters to the HOA, asking it to
trim the foliage.
WHEREAS, the HOA argues the HOA should not be responsible for the
maintenance of the aforementioned foliage, as the bulk of the foliage that has grown up
into the view is acacia, which the HOA believes to be on the portion of the open space
lots that are maintained by the City.
WHEREAS, to obtain the City Council's opinion on the matter, the item was
scheduled to be heard on the Regular Business portion of the February 1, 2022 agenda,
to determine if the City Council agrees that the HOA is the entity responsible for
maintaining the perimeter ornamental landscaping (including acacia) located within Lot
Nos. 80, 81, 83, and 84, as more particularly depicted in Attachment 1 hereto,
incorporated by reference.
WHEREAS, on February 1, 2022, the City Council heard the matter during the.
Regular Business portion of the agenda, at which time all interested parties were given
an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Resolution No. 2022-05
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Section 1: CEQA Findings. 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, this decision by the City Council (i)will only affect
maintenance of existing landscaping; and (ii) will not have a significant effect on the
environment. Therefore, this decision is not subject to CEQA pursuant to California Code
of Regulations Sections 15061(b)(2), and 15301(h).
Section 2: Development Agreement. Section 11.5 of the Development
Agreement details the areas that the Homeowners' Association is responsible for, with
the applicable lots underlined and bolded for emphasis:
11.5 Agreement Regarding The Maintenance Of Certain Areas By The
Homeowners'Association.
Developer and City hereby agree that the following areas of the open space, which
will be dedicated to the City, are more appropriately maintained by the
Homeowners'Association that is to be formed by Developer, because of the direct
benefit to the homes that will be derived from the care of these areas by the
Homeowners'Association:
1. The north entrance to the tract, including the median (Lot 87) and portions
I of Lots 82 and 83 on both sides of the roadway;
2. Portion[sic] of Lots 80 and 83 and all of Lot 84, which is comprised
of the slopes surrounding the wetlands area and extending along
Palos Verdes Drive West to the south entrance to the tract;
3. Portions of Lot 80 that comprise the firebreak along the rear of lots 31
through 35, lots 36 through 39, 78 and 79, and the East side of Via Del
Cielo (Street "B") between Lot 35 and Lot 78;
4. The main entrance to the tract at Hawthorne Boulevard, including the
median (Lot 88) and the portions of Lots 80 and 81 on both sides of the
road;
5. A portion of Lot 81, which is comprised of the slopes along Palos
Verdes Drive West extending from the South entrance to the Tract to
the Southern boundary of the Tract;
6. A portion of Lot 81, which is comprised of the firebreak along the rear of
lots 64 through and 68;
7. The entrance to Via Del Cielo (Street "B') at Via Vicente (Street "A')
consisting of the median (Lot 90) and within the Via Del Cielo street right-
of-way adjacent to the median;
Resolution No. 2022-05
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8. The entrance to Calle Viento (Street "D') at Via Vicente (Street "A')
consisting of the median (Lot 91) and within the Calle Viento street right-
of-way adjacent to the median;
9. The entrance to Paseo De La Luz (Street "C") at Calle Entradero (Street
"A') consisting of the median (Lot 89) and within the Paseo De La Luz
right-of-way adjacent to the median; and
10.A portion of Lot 82 which is comprised of the firebreak along the West side
of the property line of Lot 58.
Section 3: The City Council finds that the HOA is responsible for the maintenance
of the perimeter ornamental foliage (including acacia) located on Lot Nos. 80, 8"1, 83, and
84 for the following reasons:
1) Landscape maintenance responsibility for these areas is specified in Section
11.5 of the 1999 Development Agreement (as detailed above).
2) Easement Note I on the recorded Tract Map No. 46628, which applies to
portions of Lot Nos. 80, 81, and 83, and the entirety of Lot No. 84, states
"INDICATES RESERVED FOR LANDSCAPE MAINTENANCE PURPOSES
TO BE DEDICATED TO THE HOMEOWNER'S ASSOCIATION BY
SEPARATE INSTRUMENT."
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3) The acacia is located on the periphery of Lot Nos. 80, 81, 83, and 84, and as it
is not revegetated habitat which is the responsibility of the City, the
maintenance of the acacia remains the responsibility of the HOA.
Section 4: For the foregoing reasons and based on the information and findings
included in the Staff Reports, Minutes, and other records of proceedings in this matter,
the City Council of the City of Rancho Palos Verdes hereby finds that the Oceanfront
Estates Homeowners Association is the entity responsible for maintaining the perimeter
ornamental landscaping (including acacia) located within Lot Nos. 80, 81, 83, and 84.
Section 5: Judicial Review. The time within which judicial review of the decision
reflected in this Resolution must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure or other applicable short periods of limitation.
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Resolution No. 2022-05
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PASSED, APPROVED AND ADOPTED this 1st day of February 2022.
Mayor
ATTEST:
Teresa aoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS,VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2022-05, was, duly adopted by the City Council of said City at
a regular meeting thereof held on February 1, 2022.
eresa Takaoka, City Clerk
Resolution No. 2022-05
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Resolution No. 2022-05
Attachment 1
Page 1 of 1
RESOLUTION No. 2022-05
Attachment 1