CC RES 1990-007 RESOLUTION NO. 90-07
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES DENYING THE
APPEAL OF HEIGHT VARIATION NO. 583 THEREBY
APPROVING THE PROJECT AT 26833 HYTE ROAD.
WHEREAS, the Director of Environmental Services- approved
Height Variation No. 583 for a two story addition at 26833 Hyte
Road; and
WHEREAS, on August 18, 1989, Mrs. Beverly Rhodes et. al .
filed an appeal of the Director' s decision to the Planning
Commission within 15 days of the decision of the Director of
Environmental Services; and
WHEREAS, on November 14, 1989, the Planning Commission upheld
the appeal thereby approving the second story addition; and
WHEREAS, on November 17, 1989, through Proposition M,
an amended section 17.02.040 of the Development Code became
effective,
WHEREAS, on December 5, 1989, the City Council implemented
Resolution No. 89-113, with respect to Height Variation
applications filed before Proposition M' s effective date of
November 17, 1989; and
WHEREAS, on December 1 , 1989, Beverly Rhodes, the property
owners at 26829 Hyte Road, Mr. A Luerkin at 26843 Grayslake, Mrs.
A. Grohs at 6031 Mossbank, Mr.. Edwin Yu at 6037 Mossbank and Mr.
Robert Kasse at 6021 Mossbank filed an appeal of the Planning
Commission' s decision to the City Council within 15 days of the
decision and
WHEREAS, the applicant substantially complied with each
material term of Proposition M; and
WHEREAS, after notice pursuant , to the City' s Development
Code, the City Council held a public hearing was held on January
30, 1990, 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 pre-Proposition M application
guidelines set forth in City Council Resolution No. 89-113, the
applicants have demonstrated that they have discussed the proposed
project with the residents of each of the immediately adjacent
lots for which it has been contended that a significant- view
impairment will result from the height variation.
Section 2: That the applicant has complied with provisions
set forth in Resolution No. 89-113 for early neighbor
consultation, in that written notice of the application was mailed
to the 69 residences within a 500 foot radius of the site on
December 15 , 1988, with four of the notices being returned, and
that there is no Homeowners Association for this portion of the
City.
Section 3: That the applicant constructed a temporary space
frame of the outline of the proposed addition on January 20, 1990
the height and location of which were verified by Staff on January
22 and 24, 1990.
Section 4: That the structure does not significantly impair a
view or vista from public property (parks, major thoroughfare,
bikeway, walkway, equestrian trial etc. ) which has been identified
in the City' s General Plan, Coastal Specific Plan or City-approved
viewing area.
Section 5: That the proposed structure is not located on a
ridge or promontory.
Section 6: That the proposed structure is designed and
situated in such a manner as to minimize view obstruction since
the addition has been reduced in height from 26 feet 6 inches to
23 feet and would extend only over the east side of the structure
leaving the west portion of the residence and area over theara e
g g
a single story structure. As a condition of approval , the
landowner must sign a Covenant agreement to maintain the height of
vegetation to protect views.
Section 7: That there is no significant cumulative impact
caused by granting the application since the proposed project
would not be seen from the viewing area of any property in the
area and similar additions, with ridge heights. designed below the
line of the distant view, would minimize cumulative view impact.
Section 8: That any view impairment for the portion of the
proposed addition over 16 feet high does not significantly impair
the view from a viewing area of any of the properties in the area
which were identified as having a view as set forth in the City' s
Development Code. The proposed ridgeline of the residence would
appear below the line of the coast and would not significantly
intrude into the distant view of city lights.
Section 8: That based upon an analysis set forth in the
accompanying staff reports, the proposed structure, when
considered exclusive of existing foliage, does not significantly
Y
impair a view from a viewing area of another parcel .
Section 10: That the proposed addition complies with all
other Code requirements.
Resolution No. 90-07
Paqe 2
Section 11: That based upon photographic analysis of the
vicinity, the prop"ed atruptur� rA.� -,goppa ::j b1 e with the- character
.. of the immediate neighborhopd.; The :architectural style and
building materials are consistent with existing structures.- The
proposed two story residence conforms with the required front yard
setback.and is, similar ltt. sc#j e. A .--.square_•• .qotaq, tc> other two,,
tp y dwelli-ng i,n :Yicaini-ty f _
t s '
Section 12,o For the foregoing reasons and based further upon
the findings and;}:a t ,f-part,,► --tion�the , cz x*y1ng .taf f
reports, the City Council of the City of Rancho Palos Verdes
hereby...dee,- eA; the apP�a�1 -of, Height. , -�ga No�� X58-�3�, ,thereby
sustaining the Planning Commission's decision to approve-: t=he
second story addition to the residence subject to the conditions
contained in- - iib .-fit
CV
J Purce l
C y Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF RANCHO PALOS VERDES
I, JO PURCELL, City Clerk of the City Council of the City
of Rancho Palos Verdes, hereby certify that the above Resolution
No. 90-07 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on the 6th day of
February, 1990.
ITY CLERK
CITY RANCHO PALOS VERDES
a
Resolution No. 90-07
Page 3
Section 11: That based upon photographic analysis of the
vicinity, the proposed structure is compatible with the character
of the immediate neighborhood. The architectural style and
building materials are consistant with existing structures. The
proposed two story residence conforms with the required front yard
setback and is similar in scale and square footage to other two
story dwellings in the vicinity.
Section 12: For the foregoing reasons and based further upon
the findings and analysis set forth in the accompanying staff
reports, the City Council of the City of Rancho Palos Verdes
hereby denies the appeal of Height Variation No. 583, thereby
sustaining the Planning Commission' s decision to approve the
second story addition to the residence subject to the conditions
contained in Exhibit "A" .
/S/ MELVIN W. HUGHES
MAYOR
ATTEST:
/S/ JO PURCELL
Jo Purcell
City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF RANCHO PALOS VERDES }
I , JO PURCELL, City Clerk of the City Council of the City
of Rancho Palos Verdes, hereby certify that the above Resolution
No. 90-07 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on the 6th day of
February, 1990.
CITY CLERK
CITY OF RANCHO PALOS VERDES
Resolution No. 90-07
EXHIBIT "A"
Height Variation No. 583-Appeal
26833 Hyte Road
1. A City Landscape Covenant to maintain property to protect
views shall be submitted to be recorded prior to issuance of
Building Permits,
2. All setbacks shall conform to approved plans.
3 . Maximum ridge height shall be certified not to exceed 23
feet.
4. The master bedroom closet window shall be removed.
5. The master bedroom window on the north elevation shall be
modified to be clerestory with the bottom sill height no
lower than 51 -0" above finished f1oor level .
6 . A final re-stamp is required prior to issuance of building
permits to allow staff to assure compliance with all planning
conditions and code provisions.
Resolution No. 90-07
Page 4