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PC RES 1996-036• P.C. RESOLUTION NO. 96-36 0- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 130 -REVISION 'C', THEREBY REVISING CITY COUNCIL RESOLUTION NO. 89-41 TO ALLOW AN INCREASE IN THE UPSLOPE BUILDING HEIGHT ON SIXTEEN (16) LOTS IN TRACT NO. 45667 (TRAMONTO BY THE SEA) FROM SIXTEEN FEET (16'0") TO NINETEEN FEET (19'0") WHEREAS, on September 4, 1996, the applicant, CCL Construction, Inc., submitted an application for Conditional Use Permit No 130 -Revision 'C' to allow an increase in the upslope building height from sixteen feet (160") to nineteen feet (19'0") for sixteen (16) lots in Tract No. 45667 (Tramonto by the Sea) at Palos Verdes Drive South and Tramonto Drive, and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Tale 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952 5(e) (Hazardous Waste and Substances Statement), Staff found no evidence that Conditional Use Permit No. 130 -Revision 'C' would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 5, Section 15305(a)), and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 8, 1996, 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 site for the intended use is adequate in size and shape to accommodate said use and for all of the yards, setbacks, walls or fences, landscaping and other features required by this title [Title 17 "Zoning"] or by conditions imposed under this section [Section 17 56 060] to adjust said use to those on abutting land and within the neighborhood because the proposed revision has no effect upon the building setbacks or lot coverage as previously approved for the tract Section 2: That the site for the proposed use relates to streets and highways properly designed to carry the type and quantity of traffic generated by the subject use because the site is served by Palos Verdes Drive South (a mayor arterial roadway) and the three (3) public streets within the tract; and the proposed revision has no effect upon traffic patterns or trip generation associated with the previously -approved project. 0 ! Section 3: That, in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof because the proposed 3 -foot increase in upslope height will create no view impact or discernable increase in budding mass from the adjacent private residences in the Monaco community, the public right-of-way of Hawthorne Boulevard, or the public vista point near Vallon Drive, nor will it affect the downslope building heights of the subject lots or significantly alter the streetscape within Tract No. 45667. Section 4: That the proposed use is not contrary to the General Plan because the proposed revision is consistent with the land use, density and environmental impacts of the previously -approved project Section 5: That, in limiting the scope of the proposed revision to only the sixteen (16) vacant, upslope lots in Tract No 45667 (Nos 7 through 11 and 18 through 28, inclusive), the project will provide the minimum necessary safeguards to protect the health, safety and general welfare Section 6: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17 56 070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following October 8, 1996, the date of the Planning Commission's final action. Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Conditional Use Permit No. 130 -Revision 'C', thereby revising City Council Resolution No. 89-41 to allow an increase in the upslope building height on sixteen (16) lots in Tract No 45667 (Tramonto by the Sea) from sixteen feet (16'0") to nineteen feet (19'0"), subject to the conditions contained in Exhibit'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area P C Resolution No. 96-36 Page 2of4 PASSED, APPROVED, AND ADOPTED this 8th day of October, 1996, by the following vote AYES- Commissioner Alberio, Cartwright, Franklin, Ng, Vice Chairman Vannorsdall and Chairman Clark NOES. none ABSTENTIONS. Commissioner Whiteneck ABSENT none (LaL Lawrence E. Clark Chairman Carolynn Pethi Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission P C. Resolution No. 96-3L Page 3 of 4 • EXHIBIT 'A' CONDITIONS OF APPROVAL 40 FOR CONDITIONAL USE PERMIT NO. 130 -REVISION 'C' (Tract No. 45667) 1) Condition Nos R-1 through R-4 of City Council Resolution No. 89-41 are revised to read [additions underlined, deletions strack-ou : "R HEIGHTS All heights shall be measured pursuant to Section 17.02.040 of the Rancho Palos Verdes Development Code Unless otherwise modified by these conditions, the upslope height of all residential structures shall be limited to a maximum of sixteen (16) feet. The downslope height of all residential structures shall be limited to a maximum height of thirty (30) feet 2. Except for lots 1-5, t! ie upslope 1 might of all residentiat shuctuies shall be limited to a inOWITIM11 Of SiXtelull (16) feet Tile upslope lots 7-11 and 18-28 shall be limited to a maximum upslope height of nineteen (19) feet and a maximum downslope height of thirty (30) feet. 3 Downslope t:otss lots 1-5 and 40-43 shall be limited to a maximum upslope height of sixteen (16) feet and to a maximum downslope height of twenty-six (26) feet 4 Accessory structures shall not exceed twelve (12) feet " 2) All other conditions of approval of City Council Resolution Nos 89-39, 89-40 and 89-41 remain in effect M.\USERS\KITF\WPWIN60\PROJECTS\CUP130RC\CUP130RC RES P C Resolution No 96-36 Page 4 of 4