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PC RES 2005-005 P.C. RESOLUTION NO. 2 - RESOLUTION F THE PLANNINGCOMMISSION OF THE CITY OF RANCHOL VERDES DENYINGTHE APPEAL AND THEREBY UPHOLDING THE DIRECTOR'SIAL OF CASE NO.ZON2004-00174, FOR A SITEPLAN REVIEWTO LEGALIZE AN UNPERMITTED4 SQUARE FOOT PATIO L E CONSTRUCTED ON A BALCONY THAT WAS RECONSTRUCTEDWITHOUT PERMITS, F TY LOCATED AT 6311 TARRAGON ROAD. WHEREAS, on May 21, 2003, a code enforcement complaint was received by Staff regarding a non-permitted balcony and enclosure at 6311 Tarragon Road. The property owner, Lenee Barden, was subsequently advised of this violation on May 22, 2003; and, WHEREAS, on April 8, 2004,the property owner, Lenee Barden, submitted a Height Variation application (as Case No. ZON2004-00174) requesting legalization of the unpermitted patio enclosure on a second story balcony that was reconstructed without permits; and, WHEREAS, on April 27, 2004, the Height Variation application was deemed incomplete pending the submittal of additional information; and, WHEREAS, on June 30, 2004, it was determined that the project only required a Site Plan Review application with a Neighborhood Compatibility assessment due to clarifications to the Development Code approved by the City Council that took effect in early June 2004; and, WHEREAS, on September 22, 2004, after submittal of the required information, Case No. ZON2004-00174 was deemed complete by Staff; 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, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Case No. ZON2004-00174 would have a significant effect on the environment and, therefore, the project has been found to be categorically exempt under Class 1 (Section 15301) since the addition does not intensify the use of the lot since the property is currently developed with a single-family residence; and, WHEREAS, on November 18, 2004, the Director of Planning, Building and Code Enforcement reviewed Case No. ZON2004-00174 and denied said Case, and a Notice of Decision was prepared and distributed to all interested parties; and, WHEREAS, on November 29, 2004, within fifteen (15)days following the Director's Notice of Decision, the landowner and appellant, Lanee Barden, filed an appeal to the Planning Commission requesting that the Planning Commission overturn the Director's denial of Case No. ZON2004-00174 based upon the belief that the enclosure is a great improvement to the home and that other homes have similar improvements; 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 January 25, 2005, 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: Site visits to the neighborhood found that other residences contain balconies over the driveway and garage entries, which is consistent with the balcony that previously existed on the subject property. However, the patio enclosure over this balcony at the subject property is a new feature that was introduced into the immediate neighborhood, and Staff found that none of the residences in the neighborhood contain an enclosed patio over such balcony areas or contain an upper level that projects beyond the first-story fagade. Further, this area is made more apparent due to the location of the patio enclosure and its visibility from Barkentine and Tarragon Road Section : The Planning Commission hereby upholds the Director's denial of Case No. ZON2004-00174, and finds as follows: a) The after-the-fact patio enclosure is not compatible with the immediate neighborhood character based upon architectural style and the apparent bulk and mass of the structure. Section : Any interested person may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02.040.C.1.j 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 the date of the Planning Commission's final action. Section 4: For the foregoing reasons, and based on the information and findings included in the Memorandum to the Director dated November 17, 2004, the Memorandum to the Planning Commission dated January 25, 2005, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the Director's denial of Case No. ZON2004-00174 for a Site Plan Review application. PASSED, APPROVED, AND ADOPTED this 25th day of January 2005, by the following vote: AYES: P.C. Resolution No. 2005-05 Page 2 the appeal,thereby upholding the Director's denial of Case No. ZON2004-00174for a Site Plan Review application. PASSED, APPROVED, AND ADOPTED this 25th day of January 2005, by the following vote: AYES: Karp, Gerstner, Tetrault, Knight NOES: Perestam ABSTENTIONS: o ASSENT: Mueller �. ; 14- Craig Mueller Planning Commission Chairman UJ j oor of PI as, A Vng, Building and Enforcement; and, Secretary to the Planning Commission P.C. 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