CC RES 1989-029RESOLUTION NO, 89 - 29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING CONDITIONAL USE
PERMIT NO, 138 APPEAL, VARIANCE NO* 205 APPEAL
AND GRADING-APPLICATION NO, 1101 APPEAL FOR A
COMMERCIAL BUILDING AT 31270 PALOS VERDES DRIVE
EAST,
WHEREAS, Pan Asian Cultural Enterprise Incorporated has
requested-approval of a Conditional Use Permit., Variance, and
Grading application for a 36000 square foot commercial building
with subterranean parking; and
WHEREAS, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Development Code, public hearings were
held by the Planning Commission on August 9, September 13,
September 27, November 9, and November 22, 1988, and February 14,
1989, at which time all interested parties were given an
opportunity to be heard and present evidence;
WHEREAS, pursuant to the testimony received at these public
hearings, the Planning Commission denied the project per
P. C. Resolution 89-8; and
WHEREAS, subsequent to the Planning Commission's denial, the
applicant filed an appeal with the City Council, which considered
said appeal at a public hearing held on April 10, 1989, 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 the site for the intended use is not
adequate in size and shape to accommodate said use and all of-the
yards, setbacks, walls or fences, landscaping and other features
required by this title or by conditions imposed under this section
to adjust said use with those on abutting land and within the
neighborhood since the proposed plan does not minimize view
impairment to surrounding properties.
Section 2 That the site. for the proposed use does not
relate to streets and highways properly!.designed to carry the type
and quantity of traffic generated by the subject use since
proposed curb cuts along Palos Verdes Drive West, a major
arteriat, divided road, are not minimized as previously directed
by the Planning Commission,
Section 3: That the proposed plan and use will have
significant adverse effects on adjacent property and the use
thereof since the proposed building height would obstruct views
from adjacent upslope residences,
Section 4: The proposed plan is contrary to the General Plan
because it is not sufficiently sensitive to the views and privacy
of adjacent residential properties as required by the land use and
sensory elements of the General Plan,
Section 5: That any variance from the requirements of the
Development Code is inappropriate at this time since the findings
to support a Conditional use Permit for this project cannot be
made. Section 6-9. That approval of grading on the project site is
inappropriate at this time since insufficient ,information
regarding proposed grading has been provided and because the
findings to support issuance of a Conditional Use Permit for this
project cannot be made.
Section 7: For the foregoing reasons, the City Council of
the City of Rancho Palos Verdes hereby denies Conditional Use
Permit No. 138 Appeal, Variance No. 205 Appeal, and Grading
Application No. 1101 Appeal and waives the requirement of Section
17.56.030 of the Development Code as it relates to the re-filing
of a Conditional use Permit application within twelve months of
this action,
PASSED, APPROVED, and ADOPTED this 18th day of April, 1989.
Mayor
ATTEST:
City Clerk
St/ate 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. 89- 29 was duly and
regularly passed and adopted by the said City Cou it at a regular
meeting thereof held on April 18, 1989.
City Clerk
city Rancho Palos Verdes
Resolution No. 89-29
Page 2