CC RES 1989-114Resolution No. 89-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DENYING THE APPEAL OF
HEIGHT VARIATION NO. 616 THEREBY SUSTAINING
THE PLANNING COMMISSION APPROVAL OF THE PROJECT
AT 30741 GANADO DRIVE*
WHEREAS, on July 25, 1989, the Director of Environmental
Services approved a Height Variation No. 616 for a second story
addition located at 30741 Ganado Drive; and
WHEREAS, on July 25, 1989, the applicants Kean Hamilton and
John Dailey filed an appeal with the Planning Commission within 15
days of the decision of the Director of Environmental Services;
and
WHEREAS, on October 10, 1989, the Planning Commission upheld
the appeal thereby approving the second story addition; and
WHEREAS, on October 20, 1989, Kean Hamilton, the property
owner at 30747 Ganado Drive and John Dailey, the property owner at
30753 Ganado Drive, filed an appeal with the City Council within
40
15 days of the decision of the Planning Commission, and
WHEREAS, on November 21, 1989, the City Council continued the
appeal hearing and directed staff to address the procedures and
requirements imposed by Proposition Mo r and
WHEREAS, on December 5, 1989, the City Council heard the
appeal at which time interested parties were given an opportunity
to be heard and present evidences
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
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VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS*
Section 1: Procedural Background, Facts, and Contested
Issues.
A. This appeal arises out of a.height variation application
filed pursuant to Municipal Code Section 17.02.040 for a proposed
second story addition to a residential structure at 30741 Ganado
Drive. The total height of the proposed structure will not exceed
22 feet 6 inches.
Bo The City Council has conducted a public hearing to
consider the evidence, conducted site visits, and heard argument
presented to it by staff and the parties, and the interested
public. The Council.has also considered the evidence presented in
the record of the Director of Environmental Services and Planning
Commission decisions, including photographic view surveys prepared
by staff before and during the Council hearing. This decision is
based upon the Council's independent weighing and balancing of the
evidence, including conflicting testimony. Specific references to
evidence in the record are intended to provide examples of the
materials upon which the Council has based its decision, but any
such reference is not intended to exclude as a partial basis for
this decision any other supporting evidence in the record.
The staff report presented to Council indicated that a view
analysis had been completed for the Kuo property, and that no
significant and/or cumulative view impairment would result from
the proposal.
Notwithstanding these findings, the Council has conditioned the
height variation proposal to require an oleander and a hedge
adjacent to 30747 Ganado Drive to be laced out and maintained to
so as to provide an enhanced view corridor for appellants, based
upon the Council's authority under section 17.02.040 B.1.b.
Moreover, the Council notes that the height variation applicant
did not object to the imposition of any condition of approval
recommended by staff, including the aforementioned view
enhancement measures.
Section 2: That the proposed structure is designed and
situated in such a manner as to minimize view obstruction from the
primary viewing area of adjacent properties, including the afore-
mentioned properties. The Council notes further that the proposed
addition was shown to be generally compatible with the scale and
style, neighborhood character and building materials of structures
in the neighborhood.
Section 3: For the reasons detailed above, the portion of
the proposed addition over sixteen feet high does not significant-
ly impair the primary view from the properties at 30747, 30734 and
30753 Ganado Drive or from any properties identified as having a
view.
Section 4: Based upon the plans submitted by applicant, and
no evidence having been presented to show otherwise, the Council
finds that the proposed structure is not located on a ridge or
promontory.
Section, 5.* No evidence having been presented to show
otherwise, the Council finds that the structure does not
significantly impair a view or vista from public property
including, but not limited to, parks, major thoroughfares,
bikeways, walkways, and equestrian trails which have been
identified in the City's General Plan, Coastal Specific Plan, or
City-approved viewing areas.
Section 6: That there is not significant cumulative impact
caused by granting the application since the neighborhood is
predominantly two story or split-level residences.
Resolution No. 89-114
Page
Section 79. The Council finds that the model structure
presented by appellants accurately depicts the size and volume of
the proposed structure in the same manner and to the same extent
as would a temporary visual aid frame. The model also accurately
depicts the nature and extent of the view impacts. The Council
further finds that appellants presented no evidence indicating
that appellants suffered any prejudice from the lack of a frame
structure on the site.
Section 8,* The Council finds that the proposed height
variation is categorically exempt from environmental review under
the California Environmental Quality Act because it is a minor
modification to a single family residence exempt pursuant to
Section 15303 of title 14 of the California Code of Regulations.
Section ' 9: That after consideration of the appeal of Height
Variation N6.-616 on November 21, 1989, the City Council denies
the appeal and approves the second story addition at 30741 Ganado
Drive subject to conditions in Exhibit "A".
PASSED, APPROVED and ADOPTED on December 5, 1989.
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ATTEST*
St aCity Crei-k
e of California
County of Los Angeles
City of Rancho Palos Verdes
It JO PURCELLy
hereby certify that
regularly passed and
meeting thereof held
2111
Mayor
ss
City Clerk of the City of
the above Resolution No.
adopted by the said City
on December 5, 1989.
Rancho Palos Verdes,
89-114 was duly and
Council at a regular
B
Resolution No. 89-114
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EXHIBIT "A"
HEIGHT VARIATION NO* 616 APPEAL
30741 GANADO DRIVE
10 A landscape covenant running with the land shall be submitted
and recorded with the County of Los Angeles prior to the
issuance of building permits.
2* All setbacks to conform to approved plans,
3. Maximum ridge height to be certified at 22 feet 6 inches as
measured pursuant to Section 17.02.040 of the Rancho Palos
Verdes Development Code., -
49 The oleanders and the hedge adjacent to 30747 Ganado Drive is
to be laced out to provide 90% light and air and maintained
at no higher than the existing wrought iron fence.
5* This approval shall expire within 180 days unless the
landowner submits complete plans into building plan check or
an extension is given from the Planning Commission.
Resolution No. 89-114
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