CC RES 1995-098RESOLUTION NO. 95 -98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES UPHOLDING THE APPEAL OF HEIGHT VARIATION NO.
806 HEREBY DENYING WITHOUT PREJUDICE, THE CONSTRUCTION OF
A 6,953 SQUARE FOOT (4,110 FOOTPRINT AND 2,824 SECOND FLOOR)
NEW TWO STORY RESIDENCE TO A MAXIMUM HEIGHT OF 26'- 0" AT 60
AVENIDA CORONA
WHEREAS, on July 29, 1994, the applicants, Mr. and Mrs. Mantikas, submitted
applications for Height Variation No. 806 and Site Plan Review No. 7518 to the
Department of Planning, Building, and Code Enforcement for a 6,953 square foot
new two story residence to a maximum height of 26'- 0 ", as measured pursuant to
section 17.02.040 (B)(1)(c) of the Development Code. The Site Plan Review
application is a ministerial permit, which is separate from the Height Variation
application and is not part of the subject appeal; and,
WHEREAS, on April 5, 1995, after the applicants re- designed the proposed
second floor, the Director of Planning, Building, and Code Enforcement Denied
Height Variation No. 806 and Site Plan Review No. 7518 based on the finding that
the project would result in significant and cumulative view impairment and that the
residence was not compatible with the surrounding neighborhood character; and,
WHEREAS, on April 5, 1995 the applicants, Mr. and Mrs. Mantikas filed a written
appeal of Height Variation No. 806 to the Planning Commission, within fifteen (15)
days of the Director's decision; and,
WHEREAS on July 11, 1995, after due notice issued pursuant to the
provisions of the Rancho Palos Verdes Development Code, the Planning
Commission held a public hearing on the appeal, at which time all interested parties
were given an opportunity to be heard and present evidence, and adopted P.C.
Resolution No. 95 - 26 upholding the appeal; thereby approving the project based
on the finding that the project would not result in significant and cumulative view
impairment and that the residence would be compatible with the surrounding
neighborhood character; and,
WHEREAS, on July 26, 1995 the (current) appellants Mr. Hung, Mr. and Mrs.
Nordhagen, Mr. and Mrs. Mathews, and Mr. and Mrs. Johnson, filed a written appeal
of Height Variation No. 806 to the City Council, within fifteen (15) days of the
Planning Commission's decision; and,
Resolution No. 95 -98
WHEREAS, after due notice issued pursuant to the provisions of the Rancho
Palos Verdes Development Code, the City Council held a public hearing on
September 5, 1995, October 3, 1995, and October 17, 1995, 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: That pursuant to Section 17.02.040(C)(1)(d) (i) of the Development
Code and the adopted Height Variation Guidelines, the applicant has complied with
the provisions requiring early neighborhood consultation, in that they discussed the
proposed project and obtained the signatures of 68% of the property owners within
a 500 foot radius of the subject property and 70% of the property owners' signatures
within a 100' radius of the subject property.
Section 2: That the applicant erected a temporary silhouette framework to
represent the outline of the proposed addition; the height and location of which was
verified by Staff.
Section 3: That the proposed structure is not located on a ridge or promontory,
since the subject property is located at the lowest of several graded terraces, which
were created to accommodate the subdivision in which the lot is located.
Section 4: That the portion of the proposed structure over 16 feet in height,
when considered exclusive of existing foliage, would significantly impair a view from
the living room which is considered to be the primary viewing area of the upslope
property at 4 La Vista Verde. The proposed second story is designed in such a
manner that it would impair a view of the San Pedro Harbor if the second floor were
to be constructed over the entire lower story or if the second floor were to be located
above either the north or south elevation of the lower story.
Section 5: That the proposed structure is designed in such a manner that
would result in significant cumulative view impairment from the property located at
4 La Vista Verde, since the residence has protected views enjoyed from the living
room (primary viewing area) of the San Pedro Harbor and the ocean over the
subject property (60 Avenida Corona) as well views over the adjacent downslope
properties located at 70 Avenida Corona and 6 La Vista Verde. Therefore, any
structures over 16 in height would cumulatively contribute to impairing that protected
view.
Resolution No. 95 -98
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Section 6: That additional significant cumulative view impairment would be
caused by granting the application, since there are several other properties on La
Vista Verde that are located j upslo a of the subject p property and the ridgelines of
any future second story additions located on Avenida Corona
would cumulatively
contribute to significantly impairing the views of the San Pedro Harbor and the
ocean, as currently enjoyed from the primary viewing areas of these ro erti
p p es.
Section 7: That the proposed residence would be out of scale with the
homes in the immediate neighborhood since the new
6,681 square foot residence
(including the garage) would be 3,554 square feet larger •
. q ger than the average home in
the immediate area, and the lot size in only slightly larger •
. Y g y ger than the average size in
the neighborhood. Furthermore, although the home would ould maintain a substantial
setback from the front property line (60 feet proposed )� the p p osed i s'
de yard setbacks 7 0 ( )
would provide a minimal separation between the new residence and the adjacent
properties, thereby increasing the apparent bulk and mass of
the structure as
viewed from the street.
Section 8: The time within which the judicial review of '
. the decision reflected
in this Resolution, if available must be sought is governed
. . g g by Section 1094.6 of the
California Code of Civil Procedure.
Section 9: For the foregoing reasons and based on
the information and
findings included in the Staff Report, minutes and evidence presented at the public
hearing, the City Council of the City of Rancho Palos Verdes hereby Upholds the
Appeal of Height Variation No. 806, thereby Overturning the Planning Commission's
approval and Denying a new two story residence to a maximum '
height of 26 0
located at 60 Avenida Corona. This decision was made '
without prejudice, such that
the applicant has the ability to re-apply for a revised •
. pp Y project within one year of this
action, and the Council has waived all planning application fee '
. g pp s associated with the
revised project.
Resolution No. 95 -98
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PASSED, APPROVED and ADOPTED this 8 th day of November 1995.
MAYOR
ATTEST:
C CLERK
STATE OF CALIFORNIA)
COUNTYOF 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. 95 - 98 was duly and regularly passed and adopted by the
said City Council at a regular meeting held on November 8, 1995.
(MKK/HV806CC.RES)
TY CLERK
Resolution No. 95 -98
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