CC RES 1993-101RESOLUTION NO. 93 -101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL,
THEREBY UPHOLDING THE PLANNING COMMISSION'S
DENIAL OF TENTATIVE PARCEL MAP NO. 23548 FOR
THE SUBDIVISION OF A 37,132 SQUARE FOOT PARCEL
INTO TWO SINGLE FAMILY RESIDENTIAL LOTS ON
PROPERTY LOCATED AT 26559 SILVER SPUR ROAD.
WHEREAS, on October 27, 1993, the Planning Commission of the
City of Rancho Palos Verdes denied, without prejudice, Tentative
Parcel Map No. 23548 for subdivision of a 37,132 square foot parcel
into two single family residential lots on property located at
26559 Silver Spur Road. In denying the application without
prejudice, the Planning Commission directed the landowner to
provide additional information regarding the suitability of
development of the proposed Parcel 2, and to resubmit the
application for Tentative Parcel Map No. 23548; and,
WHEREAS, on June 7, 1993, Luke and Elaine Conovaloff
resubmitted the application for Tentative Parcel Map No. 23548 to
allow for the division of a 37,132 square foot parcel into two (2)
lots, located at 26559 Silver Spur Road within the RS -5 (Single
Family Residential - minimum lot size 8,000 square feet) zoning
district; and,
WHEREAS, the property commonly known as 26559 Silver Spur Road
is currently developed with an existing single family residential
structure and related appurtenances; and,
WHEREAS, after notice issued pursuant to the provisions of the
Development Code, the Planning Commission of the City of Rancho
Palos Verdes held a public hearing on September 14, 1993 at which
time all interested parties were given an opportunity to be heard
and present evidence; and,
WHEREAS, on September 14, 1993, after considering the revised
application, Staff Report, public testimony, and other records of
proceedings, the Planning Commission of the City of Rancho Palos
Verdes adopted P.C. Resolution No. 93 -25, denying Tentative Parcel
Map No. 23548; and,
WHEREAS, on September 25, 1993, within fifteen (15) days of
the Planning Commission's denial of the proposed subdivision, the
applicant's, Luke and Elaine Conovaloff, , submitted an appeal of the
Planning Commission's decision to the City Council; and,
WHEREAS, after notice issued pursuant to the provisions of the
Development Code, the City Council of the City of Rancho Palos
Verdes held a public hearing on November 3, 1993, 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 General Plan sets the goals and policies
for grading and development in the City and discourages grading and
development in slopes greater than thirty -five (35) percent.
Section 17.50 of the Rancho Palos Verdes Development Code
implements these goals of the General Plan. Grading within extreme
slopes exceeding thirty -five (35) percent would be required to
access the proposed Parcel 2. Although grading for access to the
proposed Parcel 2, independent of any other grading required for
construction on the property, would be less than 20 cubic yards and
would require a cut less than three feet in depth, the total
combined grading required for access and construction would exceed
20 cubic yards in less than a two year period and a grading permit
would therefore be required pursuant to Section 17,50.020(A) of the
Development Code. Therefore, pursuant to Section 66474(a) of the
Subdivision Map Act, this is not consistent with the policies of
the General Plan nor with the standards of Section 17.50 of the
Development Code because the total combined grading, including
grading within extreme slope areas exceeding thirty -five (35)
percent, would exceed 20 cubic yards within a two (2) year period.
Section 2: Construction of a single family residential
structure, with a maximum height of 16 feet as measured pursuant to
the requirements of the Development Code, will significantly impair
the view of the ocean, Los Angeles basin, and city lights at night
from property located at 26557 Silver Spur Road. Pursuant to
Section 66474(b) of the Subdivision Map Act, the design or
improvement of the proposed subdivision is therefore not consistent
with the General Plan, since the General Plan provides policies
regarding view impairment including provisions to prohibit
encroachment on existing scenic views reasonably expected by
neighboring residents and to enforce height controls to further
lessen the possibility for view obstruction.
Section 3: Grading within extreme slope areas that would
otherwise be designated as "Restricted Use Areas" would be required
for access to the proposed Parcel 2. Additionally, while there is
a minimum of 3,000 square feet of contiguous area on Parcel 2 with
slopes less than 35 percent, this area is irregular in shape and
portions are located within the required setbacks, reducing the
actual "buildable" area of the proposed Parcel 2 to approximately
1,830 square feet. Theref ore , pursuant to Section 6 6 4 7 4 (c ) of the
Subdivision Map Act, the City Council finds that the site for the
proposed subdivision is not physically suitable for the type of
development that may occur in the zone in which the property is
located.
Resolution No. 93 -101
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Section 4: For the foregoing reasons and based on the
information and findings'contained'in the Staff Report, minutes,
and records of the proceedings, the City Council hereby denies the
appeal thereby upholding the Planning Commission's denial of
Tentative Parcel Map No. 23548 for the subdivision of an existing
37.,1.32 square foot parcel into two single family residential lots
on property located at 26559 Silver Spur Road.
PASSED, APPROVED, and ADOPTED this 3rd day of November 1993.
YOR
ATTEST:
CITY CL
STNTE 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. 93-101 was duly and
regularly passed and adopted by the said City Council at a regular
meeting held on November 3, 1993.
CITY CLE�
CITY OF CHO PALOS VERDES
Resolution No, 93 -101
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