CC RES 2002-058 RESOLUTION NO. 2002-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING, WITHOUT PREJUDICE,
HEIGHT VARIATION NO. 930, GRADING PERMIT NO. 2279, AND
MINOR EXCEPTION PERMIT NO. 596, THEREBY
OVERTURNING THE PLANNING COMMISSION'S APPROVAL
TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-
FAMILY RESIDENCE TO ACCOMMODATE THE
CONSTRUCTION OF A NEW 3,921 SQUARE FOOT, TWO-
STORY, SINGLE-FAMILY RESIDENCE ON PROPERTY
LOCATED AT 6528 NANCY ROAD, AND UPHOLDING THE
APPELLANT'S (MIRALESTE NEIGHBORHOOD COALITION)
APPEAL.
WHEREAS, on May 2, 2001 the subject applications, Height Variation No 930,
Grading Permit No. 2279 and Minor Exception Permit No. 596 were submitted to the
Planning Department by the property owners, Mr. and Mrs. Letvin of 6528 Nancy Road,
to allow the demolition of an existing 1,522 square foot single-family residence to
accommodate the construction of a new 3,921 square foot, two-story, single-family
residence with 594 cubic yards of associated grading; and,
WHEREAS, on November 6, 2001 the City's Geotechnical Engineer reviewed
and conditionally approved the applicants' geotechnical reports and studies; and,
WHEREAS, after several meetings attended by Staff and the property owners
and their architect, revised plans were submitted and deemed complete for processing
on November 5, 2001; and,
WHEREAS, on November 5, 2001, the required public notices for the
December 11, 2001 Planning Commission meeting were mailed to property owners
within a 500 foot radius of the subject property, and a notice was published in the
Peninsula News on November 10, 2001; and,
WHEREAS, in response to the public notice, the City received several
comment letters from neighboring property owners expressing concern with the
accuracy of the project silhouette. After further investigation, Staff re-measured the
silhouette and determined that the footprint of the silhouette was incorrectly plotted by
approximately five (5) feet, which directly impacted the depicted height. As such, the
public hearing was continued to the January 22, 2002 Commission meeting to allow the
applicants to revise the silhouette; and,
WHEREAS, on January 7, 2002 the applicants informed Staff that the project
silhouette was revised. Soon thereafter, Staff measured the silhouette and determined
it was plotted correctly, accurately depicting the proposed height of the structure.
However, Staff was unable to re-notice the public hearing in time for the January 22,
2002 meeting, and therefore the Planning Commission continued the public hearing to
the February 26, 2002 Planning Commission meeting; and,
WHEREAS, on January 10, 2002, the required public notices for the February
26, 2002 Planning Commission meeting were re-noticed to property owners within a
500 foot radius of the subject property, and a notice was published in the Peninsula
News on January 12, 2002; and
WHEREAS, pursuant to the provisions of the California Quality Act, Public
Resources Code Section 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 Grading Permit No. 2191 would
have a significant effect on the environment and, therefore the proposed project has
been found to be categorically exempt (Class 3); and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos.
Verdes Development Code, the Planning Commission held a duly noticed public
hearing on February 26, 2002, at which all interested parties were given the opportunity
to be heard and present evidence: and,
WHEREAS, at their February 26th meeting, after hearing public testimony the
Planning Commission adopted a motion, with a vote of 3-2, Commissioners Mueller and
Long dissenting, approving Height Variation No. 930 and Grading Permit No. 2279 to
allow the construction of a new single-family residence, and denying Minor Exception
Permit No. 596; and,
WHEREAS, on March 11, 2002 an appeal was filed with the City on behalf of the
Miraleste Neighborhood Coalition, requesting that the City Council overturn the decision
of the Planning Commission; and,
WHEREAS, on May 2, 2002, the required public notices were mailed out to
property owners within a 500' radius of the subject property, the appellants, and
interested parties informing them of the appeal and the scheduled City Council public
hearing on June 4, 2002. Furthermore, a notice was published in the Peninsula News
on May 4, 2002; and,
WHEREAS, on May 23, 2002, a courtesy notice was mailed out to property
owners within a 500' radius of the subject property, the appellants, and interested
parties informing them that the date of the City Council meeting has been moved to
June 12, 2002 due to the lack of a quorum at its June 4, 2002 meeting; and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on June
12, 2002, at which all interested parties were given the opportunity to be heard and
present evidence;
Resolution No. 2002-58
Page 2 of 5,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: With regard to Height Variation No. 930:
A. The proposed project has not been designed and situated in a manner as to
adequately minimize the impairment of views from surrounding properties. The
Planning Commission, at its February 26, 2002 meeting, modified the design of
the,structure in order to reduce view impacts that would result from the proposed
project as set forth below:
1. Reduce the roof pitch from 3%:12 to 3:12
2. Conduct additional grading so that the existing building pad is lowered by
approximately 2 to 4 feet
3. Reduce the height of the interior ceiling for both the lower and upper level
so that the overall structure is reduced in height by no less than 1'-6".
However, based upon the evidence that was presented at the public hearing, and
the record that is on file in this case, the City Council finds that the proposed
modifications will not adequately minimize the view impairment that will be
caused by the proposed project because the portion of the structure that exceeds
sixteen feet in height will still significantly impair the views of the harbor and the
ocean from neighboring properties. Accordingly, the City Council cannot make
the required finding that the structure is designed and situated in such a manner
as to minimize impairment of a view from neighboring properties.
B. The proposed structure, when considered exclusive of foliage, does significantly
impair a view from the viewing area of another parcel. The design and height of
the proposed project creates a significant view impairment from neighboring
properties beyond that which would result from a structure built to the maximum
permitted "by right" height limit of 16'/20' because the portion of the structure that
exceeds sixteen feet in height will significantly impair the views of the harbor and
the ocean from properties in the immediate vicinity of the subject property.
Therefore, the City Council cannot make the required finding that the proposed
structure, when considered exclusive of existing foliage, does not significantly
impair a view from the viewing area of another parcel, which is another finding
that is required by Section 17.02.040 to issue a Height Variation for a structure.
C. The proposed structure is not compatible with the character of the immediate
neighborhood because at 3,921 square feet, the design of the structure will
create a bulky structure that visually appears imbalanced and disproportional to
the size of the project site and the homes that are located on neighboring
properties. Therefore, the required finding requiring compatibility of the proposed
structure with the character of the immediate neighborhood cannot be made.
Resolution No. 2002-58
Page 3 of 5
D. The proposed structure does result in an unreasonable infringement of privacy
from the immediate neighboring properties because the height of the proposed
structure and its close proximity to the property lines situates the windows on the
upper level in a manner that would allow one to overlook onto the yard area of
the neighboring properties, thereby creating an unreasonable infringement of
privacy. Therefore, this finding cannot be made.
Section 2: With regard to Grading Permit No. 2279:
The construction that is proposed for this project has been found to significantly
adversely affect visual relationships and views from neighboring properties, as
discussed in Section 1 of this Resolution. Therefore, the City Council also hereby finds
that the grading that was proposed for this project to minimize view impacts from
neighboring properties will not eliminate the significant view impairment from
neighboring properties because although the requested earth movement is to lower the
overall grade elevation of the building pad, due to the size of the proposed structure,
views of the ocean and harbor still will be significantly impaired from neighboring
properties. Therefore, the finding that the grading and related construction will not
adversely affect the visual relationships with, nor the views from neighboring properties,
cannot be made for this project.
Section 3: With regard to Minor Exception Permit No. 597:
The Planning Commission's determination on the Minor Exception Permit, denying the
applicant's request to allow the street-facing balcony to encroach into the required front
yard setback, was not appealed to the City Council by any individual. However, Section
17.78.030(D) of the Rancho Palos Verdes Municipal Code states that if one component
of a project is appealed, then the entire project is considered by the City Council. The
City Council, in considering the appellant's appeal, denied the Height Variation and the
Grading Permit applications for the project. The Planning Commission's decision
denying the Minor Exception Permit has not been altered by the City Council's
determination. Accordingly, the Planning Commission's decision denying the Minor
Exception Permit is hereby affirmed.
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
City Council of the City of Rancho Palos Verdes hereby overturns the Planning
Commission's decision to approve Height Variation No. 930 and Grading Permit No.
2297, and thereby denies the applicants request to construct a new 3,921 square foot,
two-story, single-family residence consisting of 1,566 square feet on the lower level,
1,629 square feet on the upper level and a 726 square foot attached two car garage at a
height not to exceed 24', as measured from the lowest finished grade (97.20') adjacent
to the structure to the top of the highest roof ridgeline. Furthermore, the City Council
also upholds the Planning Commission's denial of Minor Exception Permit No. 596.
This denial is without prejudice to the applicant's right to re-file another application to
Resolution No. 2002-58
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develop on this property within the one year period specified in Section 17.80.110 of the
Rancho Palos Verdes Municipal Code.
Section 5. The time within which judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
PASSED, APPROVED and ADOPTED this 16th day of July, 2002.
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Mayor Willr
ATTEST:
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City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the above Resolution No. 2002-58 was duly and regularly passed
and adopted by the said City Council at regular meeting thereof held on July 16, 2002.
4 i ,,,, _/„. , ,
City Clerk
Resolution No. 2002-58
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