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PC RES 1990-013P.C. RESOLUTION NO. 90-13 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 249 AND COASTAL PERMIT NO. 82 TO ALLOW THE PROPERTY OWNERS TO REQUEST APPROVAL OF SATELLITE DISH ANTENNAS ON EACH INDIVIDUAL LOT IN A RESIDENTIAL PLANNED DEVELOPMENT, TRACT 40640. WHEREAS, Lunada Pointe Homeowners' Association has requested a Variance and a Coastal Permit to allow more than one satellite dish antenna in a Residential Planned Development, which was approved through a Conditional Use Permit. WHEREAS, after notice pursuant to the City's Development Code, a public hearing was held on March 13, 1990 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 there are exceptional or extraordinary circumstances or conditions applicable to the property since the layout and development of the tract and the size of the lots are more typical of a standard subdivision than a Residential Planned Development. Section 2: That a Variance is necessary to preserve or allow the enjoyment of a substantial property right of the applicant which is possessed by other property owners under similar conditions in the same zoning district, since other property owners in residential areas with lots of the same size or smaller are allowed to apply for Site Plan Reviews to request approval for satellite dish antennas. Section 3: That the granting of the Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located, since each individual satellite dish antenna would require review through a Site Plan Review and the code criteria for satellite dishes require screening and minimizing of visual and view impact. Section 4: That the granting of the Variance will not be contrary to the objectives of the General Plan, since the processing of Site Plan Reviews for satellite dish antennas will ensure that the General Plan policies are maintained by meeting the community standards of environmental quality and prohibiting encroachment into scenic views. Section 5: That the proposed development is in conformance with the Coastal Specific Plan, since the processing of Site Plan C Reviews for satellite dish antennas will ensure that the Coastal Specific Plan policies are maintained so that antennas will not negatively impact the visual appearance of the neighborhood, views and view corridors will be protected and antennas will not be allowed in the 25 foot "building" and "top of slope" setbacks or in the undevelopable common open space lots. Section 6: That the proposed development, when located between the sea and the first public road, is in conformance with applicable public access and recreational policies of the Coastal Act, since no dishes will be allowed on the undevelopable open space lots and public access to the streets and trails will be maintained. Section 7: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes does hereby approve Variance No. 249 and Coastal Permit No. 82, subject to the attached conditions marked Exhibit "A", which are necessary to protect the public health, safety and general welfare in the area. APPROVED and ADOPTED this 13th day of March, X990.1/ i Obert Bena , Director/nd Environmental Services Secretary to the Commission rt MdWult P.C. Resolution No. 90 - 13 Page 2 EXHIBIT "A" VARIANCE NO. 249 COASTAL PERMIT NO. 82 1. All satellite dish antennas require submittal of a Site Plan Review application and review in accordance with Sections 17.41.010 through 17.41.210 (excluding Section 17.41.160) of the Rancho Palos Verdes Development Code. 2. Satellite dish antennas are not allowed in the 25 foot building setback from the Coastal Setback Zone, in the 25 foot setback from the top of the slope on Lots 18 through 25 and they are not allowed at all on Lot numbers 26 through 28. 3. When evaluating Site Plan Review applications, Sections 17.41.170 and 17.41.200 B-2 and C-2, Staff, the Planning Commission and the City Council shall also consider the visual and view impacts that the proposed application will have on public views from Palos Verdes Drive West, Marguerite Drive, Laurel Drive and from the public access easement on Lot 27. 4. The Director of Environmental Services may approve satellite dish antennas in excess of 16 feet in height if the antenna complies with all of the other code requirements of Section 17.41.170 if the dish at its highest point of extension does not exceed the maximum ridgelines of the structure, and the dish is located on the ground not on the residence or garage. Dishes proposed on the residence or garage shall require review through the Planning Commission. 5. This Variance and Coastal Permit revise -,the conditions of development for the tract and the approval has no expiration date. P.C. Resolution No. 90 - 13 Page 3