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PC RES 1989-045 P.C . RESOLUTION NO . 89 - 45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF HEIGHT VARIATION NO . 576 THEREBY REMOVING THE DEED RESTRICTION CONDITION OF APPROVAL FOR A SECOND STORY ADDITION AT 1953 JAYBROOK DRIVE. WHEREAS , the Director of Environmental Services approved Height Variation No . 576 for a two story addition located at 1953 Jaybrook Drive ; and WHEREAS , on May 8 , 1989 Sherry Hutchins filed an appeal with the Planning Commission within 15 days of the decision of the Director of Environmental Services ; and WHEREAS , on August 8 , 1989 , the Planning Commission heard the appeal at which time all interested parties were given an opportunity to be heard and present evidence . NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS : Section 1 : That the proposed addition is designed and situated in such a manner as to minimize view obstruction since the addition is located to the southwest side of the existing structure . In addition, as conditions of approval , the landowner must remove the large pine tree in the rear yard and submit a Landscape Covenant to maintain the vegetation on the property to enhance and protect view from 1959 Jaybrook Drive . Section 2 : That any view impairment for the portion of the structure over 16 feet does not significantly impair the primary view from 1959 Jaybrook Drive since vegetation on adjacent properties has degraded this view. Section 3 : That the structure is not located on a ridge or promontory. Section 4 : That the structure does not significantly impair a view or vista from public property (parks , major thoroughfare , bikeways , walkways , equestrian trails , etc . ) which has been identified in the City ' s General Plan, Coastal Specific Plan, or City-approved viewing areas . Section 5 : That there is no significant cumulative impact caused by the addition or the removal of a condition of approval requiring a deed restriction to prohibit the approval of any future height variations to the existing structure , since the view impact from future additions would not be significant and any future request would require a new view analysis to be performed . Section 6 : That after consideration of the appeal of a condition of approval for Height Variation No. 576 on August 8, 1989, the Planning Commission upheld the appeal thereby removing the condition requiring a deed restriction on future height variations at 1953 Jaybrook Drive and making the project subject to the conditions of approval contained in Exhibit "A". PASSED, APPROVED and ADOPTED on August 8, 1989. Obert "Ben4pd, Director ,of Envfironmental Services and Secretary to the Commission Luella L. Wike Chairperson P.C. Resolution No. 89-45 Page 2 EXHIBIT "A" HEIGHT VARIATION NO. 576 1953 JAYBROOK 1. A variance application shall be applied for prior to issuance of building permits for the existing garage built to the property line and the existing deck over an extreme slope. If the deck does not extend more than 6 feet over the slope, it will be considered by an Extreme Slope permit. 2. A landscape covenant shall be notarized and submitted to the Department of Environmental Services prior to the issuance of building permits. 3. The pine tree in the rear yard, adjacent to the western property line shall be removed to enhance the view from 1959 Jaybrook. P.C. Resolution No. 89-45 Page 3