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PC RES 2001-0160 0 `k -k P.C. RESOLUTION NO. 2001-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING WITHOUT PREJUDICE A REQUEST FOR CONDITIONAL USE PERMIT NO. 158 -REVISION `D' AND COASTAL PERMIT NO. 94 - REVISION `B' TO ALLOW THE MAIN ROOF RIDGELINES OF THE RESIDENCE AT 74 VIA DEL CIELO (LOT 33 OF TRACT MAP NO. 46628 (OCEANFRONT)) TO BE ORIENTED LESS THAN PERPENDICULAR TO 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.0 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 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 appealed to the California Coastal Commission on February 26, 2001 and has been held in abeyance, and, WHEREAS, on March 16, 2001 and May 8, 2001, the applicant, Makallon RPV Associates Lac, submitted applications for Conditional Use Permit No. 158 -Revision 'D' and Coastal Permit No. 94 -Revision 'B' to allow a modification to the condition of approval regarding the ridgeline orientation for the house on Lot 33 of Tract Map No 46648, also known as 74 Via del Cielo, and, WHEREAS, on May 11, 2001, the applications for Conditional Use Permit No. 158 - Revision 'D' and Coastal Permit No 94 -Revision 'B' 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 the denial of Conditional Use Permit No 158 - Revision 'D' and Coastal Permit No 94 -Revision 'B' would have a significant effect on the environment because the environmental impacts of the project have been previously addressed by the mitigation measures adopted pursuant to Final Environmental Impact Report No 35, 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 July 10, 2001, 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 'D' and Coastal Permit No 94 -Revision 'B' to modify the condition of approval regarding the orientation of the main roof ridgeline of the house on Lot 33 of Tract Map No 46628 A. The site is not adequate in size and shape to accommodate the proposed residence because the existing lot would need to be enlarged by 2,797 square feet in order for the residence and related improvements to meet the required setbacks and lot coverage for the lot. B In approving the subject use at the specific location, there will be a significant adverse effect on adjacent property or the permitted use thereof because the perpendicular orientation of the main ridgeline on this lot was identified in the environmental impact report for the Oceanfront project as a necessary condition to mitigate against adverse environmental impacts, and, based upon the photographic simulations prepared by the applicant, the re -orientation of the main ridgeline does not appreciably improve public views and has the potential to degrade these views from Palos Verdes Drive West. C The proposed use is contrary to the General Plan because the goals and policies of the General Plan acknowledge "[scenic] views [as] one of the most valuable natural resources on the Peninsula" (General Plan, p 77), and the condition of approval regarding the ridgeline orientation on the subject property was originally imposed upon the Oceanfront project in order to implement the General Plan's goals and policies. P C Resolution No 2001-16 Page 2 of 4 9 D The proposed project is not consistent with the performance criteria of the of the OC -3 (Urban Appearance) overlay control district, which state that development shall not "[result] in the change in elevation of the land or construction of any improvement which would block, alter or impair major views, vistas or viewsheds in existence from designated view corridors, view sites or view points at the dates of adoption of the General Plan and the Coastal Specific Plan in such a way as to materially and irrevocably alter the quality of the view as to arc (horizontal and vertical), primary orientation or other characteristics", but the proposal to re -orient the house on the subject property has the potential to adversely affect public views that are identified in the City's Coastal Specific Plan E. The proposed development is inconsistent with the Coastal Specific Plan because the Corridor Element of the Coastal Specific Plan identifies a visual corridor to the northwest from Palos Verdes Drive West and Hawthorne Boulevard that includes the subject property; but, based upon the photographic simulations prepared by the applicant, the re -orientation of the main ridgeline does not appreciably improve public views and has the potential to degrade these views from Palos Verdes Drive West. Section 2: 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 July 10, 2001, 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 without prejudice the request for Conditional Use Permit No. 158 -Revision 'D' and Coastal Permit No 94 - Revision 'B' to allow the main roof ridgelines of the residence at 74 Via del Cielo (Lot 33 of Tract Map No 46628 (Oceanfront)) to be oriented less than perpendicular to Palos Verdes Drive West. P.C. Resolution No. 2001-16 Page 3 of 4 PASSED, APPROVED and ADOPTED this 10th day of July 2001, by the following vote AYES Chairman Lyon, Commissioners Cartwright, Mueller, Paulson and Vannorsdall NOES none ABSTENTIONS Commissioner Long ABSENT Vice Chairman Clark Frank LyorK Chairman "'� C'\� J el Ro as, AICP Dkect9t of Planni ilding an ode Enforcement; and Secretary to the Planning Commission MAProjects\CUP 158 -Rev 'D'_CP 94 -Rev 'B' (CPH)\20010710_Reso_PC.doc P C Resolution No 2001-16 Page 4 of 4