CC RES 1998-053 RESOLUTION NO. 98-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE APPEAL,
THEREBY OVERTURNING THE PLANNING COMMISSION'S
DECISION AND DENYING CONDITIONAL USE PERMIT NO.
158-REVISION 'B' FOR MISCELLANEOUS REVISIONS TO
THE ARCHITECTURAL AND SITE DEVELOPMENT
STANDARDS FOR THE CONSTRUCTION OF INDIVIDUAL
RESIDENCES WITHIN THE APPROVED RESIDENTIAL
PLANNED DEVELOPMENT FOR VESTING TENTATIVE
TRACT MAP NO. 46628, LOCATED AT HAWTHORN E
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
Vestin g Tentative Tract Map No. 46628, as required by the U.S. Fish and Wildlife Service;
and,
WHEREAS, on February 9, 1998, the applicant, RPV Associates LLC, submitted an
application for Conditional Use Permit No. 158-Revision 'B' to allow the revision of
miscellaneous architectural and site development standards for Vesting Tentative Tract
Map No. 46628; and,
WHEREAS, on March 11, 1998, the application for Conditional Use Permit No. 158-
Revision 'B' was deemed complete by Staff; and,
WHEREAS, on April 14, 1998, the Planning Commission conducted a duly noticed
public hearing to consider Conditional Use Permit No. 158-Revision 'B', and adopted P.C.
Resolution No. 98-13, thereby approving some of the proposed revisions as requested,
approving some of the proposed revisions with modifications, and denying or directing
Staff to undertake additional analysis on some of the proposed revisions; and,
WHEREAS, on April 29, 1998, less than fifteen (15) days following the Planning
Commission's decision, the appellants, Ron Blackwelder and thirty-four other property
owners in the West Palos Verdes Estates community filed an appeal to the City Council,
requesting that the City Council overturn the Planning Commission's approval of
Conditional Use Permit No. 158-Revision 'B'; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on June
3, 1998, 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:
Section 1: The site is not adequate in size and shape to accommodate said use
and for all of the yards, setbacks, walls or fences, landscaping and other features required
by Title 17 "Zoning" of the Rancho Palos Verdes Development Code (RPVDC), or by
conditions imposed under Conditional Use Permit No. 158, to integrate this project with
adjacent development in the area because the proposed project does not comply with the
architectural and development standards established under both Conditional Use Permit
No. 158 and the Development Code; the re-alignment of the primary ridgelines of the
homes on Lots 40 through 45 is not warranted by the size and shape of these lots; the
overall percentage of proposed flat roof areas is not consistent with existing provisions of
Conditional Use Permit No. 158 that allow for only "small areas" of flat roof, nor with the
prohibition against flat roofs from the Mitigation Monitoring Program for Final
Environmental Impact Report No. 35; although the existing conditions of approval are
silent on the issue of roof decks, the City Council finds that roof decks are not consistent
with the aesthetics of the project, views from residences upslope from the project site, nor
with the preservation of the privacy of individual residences and they will not be permitted
in the tract; and the site design for the residences does not warrant an additional 10-
percent lot coverage allowance for motorcourts, driveways and parking areas, and is
inconsistent with the purpose of the residential planned development (RPD) originally
established by Conditional Use Permit No. 158.
Section 2: The proposed revisions will cause significant adverse effects on
adjacent property or the permitted use thereof because the re-alignment of the ridgelines
on Lots 40 through 45 will not provide the view corridors from either Palos Verdes Drive
West or the residences above the project site to the east which were envisioned as a part
of the project as originally approved; the revision regarding flat roof areas is inconsistent
with the prohibition against flat roofs in the Mitigation Monitoring Program for the project;
the revision regarding roof decks would lead to significant adverse aesthetic impacts upon
properties above and to the east, and conditions attempting to regulate the placement of
structures or equipment on the roof decks would not be adequate to eliminate or minimize
these impacts; and the motorcourts, driveways and parking areas create excessive lot
Resolution No. 98-53
Page 2 of 4
coverage which is not warranted by the design of the homes nor offset by additional
landscaping within these hardscape areas.
Section 3: The proposed use is contrary to the General Plan because, although
the use and development of the property for single-family residences is consistent with the
Residential <1 DU/acre General Plan land use designation for the site and would not
change as a result of these revisions, there would be significant view or aesthetic impacts
upon Palos Verdes Drive West or the properties above the project site to the east, which
are inconsistent with Visual Aspect Policy No. 1 of the General Plan to "[develop] controls
to preserve existing significant visual aspects from future disruption or degradation."
Section 4: The site of the proposed use is within the Natural (OC-1), Socio/Cultural
(OC-2) and Urban Appearance (OC-3) overlay control districts established by Chapter
17.40 Control Districts) of this title [Title 17 "Zoning"]; the project--as originally
(Overlay
approved--was found consistent with the performance criteria established by all three of
these districts; and the proposed revisions will have no effect upon natural land or water
resources, or historical, archeological or cultural resources in a manner which would alter
the compliance of the project with the provisions of the OC-1 and OC-2 districts; but the
adverse scenic and aesthetic impacts of the proposed revisions would be inconsistent with
the provisions of the OC-3 district.
Section 5: The time within which judicial review of the decision reflected in this
Resolution must be sought, if available, is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, and P.C.
Resolution No. 98-13, which are attached hereto by reference, the City Council of the City
of Rancho Palos Verdes hereby upholds the appeal, thereby overturning the Planning
Commission's decision and denying Conditional Use Permit No. 158-Revision 'B', thereby
denying miscellaneous revisions to the architectural and site development standards for
the construction of individual residences within the approved residential planned
development for Vesting Tentative Tract Map No. 46628, located at Hawthorne Boulevard
and Palos Verdes Drive West.
Resolution No. 98-53
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PASSED, APPROVED, AND ADOPTED this 16th day of June 1998.
0 ,/
Mayor
ATTEST:
/ A $00
J
Ci y 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, hereby certify that
the above Resolution No. 98-53 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 16, 1998.
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City CI
City of i z ncho Palos Verdes
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Resolution No. 98-53
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