PC RES 2004-019P.C. RESOLUTION NO. 2004-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING, WITH PREJUDICE, A REVISION
TO CONDITIONAL USE PERMIT NO. 28 (CASE NO. ZON2004-00099),
FOR PROPERTY LOCATED AT 5303 VALLEY VIEW ROAD.
WHEREAS, on April 12, 1977, the Planning Commission approved Conditional Use
Permit No 28, thereby allowing a Residential Planned Development (RPD) with 31
residential lots on a 17.1 acre site The RPD zoning was utilized since the proposed lots
did not meet the minimum lot size and maximum lot coverage. As part of this approval, the
Planning Commission approved the footprint for each of these lots; and,
WHEREAS, on April 25, 1978, the Planning Commission approved Conditional Use
Permit No. 39, which granted a modification to Conditional Use Permit No. 28, thereby
allowing an increase in the maximum allowable building height from 16' to 30'; and,
WHEREAS, on June 12, 1984, the Planning Commission approved Revision `A' to
Conditional Use Permit No. 39, thereby allowing an increase in the grading on 3 of the 31
lots; and,
WHEREAS, on March 3, 2004, the applicant submitted an application to revise
Conditional Use Permit No 28 (Case No. ZON2004-00099), requesting to alter the
approved footprint for the property located at 5303 Valley View; and,
WHEREAS, the Revision to Conditional Use Permit No. 28 application was deemed
complete by staff on April 2, 2004, 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 Revision to Conditional Use Permit No 28
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt under Class 1 (Section 15301), and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearings on April 27, 2004, at which time all interested parties were given opportunities to
be heard and present evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Conditional Use Permit is not warranted since the site is not
adequate in size and shape to accommodate the proposed use and for all of the yards,
setbacks, walls, fences, landscaping and other features required by the Development Code
or by conditions imposed under this section to integrate said use with those on adjacent
land and within the neighborhood The requested change in the building footprint does not
meet with the original intent of having set footprints, which is to minimize the impacts of the
smaller lots and increased lot coverage on surrounding properties.
Section 2: The Conditional Use Permit is not warranted since in approving the
subject use at the specific location, there will be no significant adverse effect on adjacent
property or the permitted use thereof. Like setback requirements, the purpose of lot
coverage restrictions is to provide adequate light and air and to lessen a building's visual
impact on adjacent property owners. Furthermore, lot coverage ensures that there is
adequate open space and recreational area provided on each lot. Inasmuch as the
revision to the footprint will increase the visual impact of the property onto the neighboring
properties, the project will have a significant adverse effect on adjacent property
Section 3: The Conditional Use Permit is not warranted since the proposed use is
contrary to the General Plan. It is a policy of the General Plan to require all new housing
developed to include suitable and adequate landscaping, open space, and other design
amenities to meet the community standards of environmental quality By altering the
approved footprint, the subject site will lessen the community standards of environmental
quality regarding open space.
Section 4: The Conditional Use Permit is not warranted since the proposed use
does not comply with all applicable requirements of the overlay control districts established
by Chapter 17 40 (Overlay Control Districts) of the Municipal Code Specifically, inasmuch
as the project will create a visual impact to the neighboring properties, the proposal does
not comply with the requirements of the Urban Appearance Overlay District (OC -3).
Section 7: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of these proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby denies, with prejudice, the
Revision to Conditional Use Permit No 28 (Case No ZON2004-00099).
Section 8: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council Pursuant to Sections 17.60.060, 17.76.020, 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 May 12, 2004
P C. Resolution No. 2004-19
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PASSED, APPROVED AND ADOPTED this 27`h day of April 2004, by the following
vote:
AYES KNIGHT, GERSTNER, VAN WAGNER, TETREAULT
NOES: NONE
ABSTENTIONS' NONE
ABSENT: COTE, KARP, MUELLER
Chairman
ICPJO,
Director of Planning, Building and Code Enforcement, and,
Secretary to the Planning Commission
P.C. Resolution No. 2004-_12
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