PC RES 2005-003 P.C. RESOLUTION NO. 2005-03
RESOLUTION F THE PLANNINGCOMMISSION F THE
CITY OF RANCHO PALOSVERDES REVOKINGHEIGHT
VARIATION ITE PLAN REVIEWNO. Z 2003«
00059, AN ENTITLEMENT PP V PROPERTY
LOCATED T 38 CINNAMONLANE.
WHEREAS, on December 17, 2002, the City Council approved Landslide
Moratorium Exception Permit Case No. ZON2002-00347 to allow the landowners
to proceed with the appropriate planning applications to construct 618 square
feet of first story additions and to construct a new 563 square foot second-story
addition to an existing single-story residence; and,
WHEREAS, on September 23, 2003, the City's Planning Commission
conditionally approved Height Variation and Site Plan Review Case No.
ZON2003-0059 to allow for the construction of 618 square feet of first-story
additions and the construction of a new 563 square foot second-story addition
above the existing garage of a residence which was located on the subject
property; and,
WHEREAS, on November 8, 2004, building permit BLD2004-00154 was
issued for the approved residential remodel; and,
WHEREAS, on November 23, 2004, a City Inspector issued a Stop Work
Order after conducting a site inspection and verifying that the residential
structure, which pre-existed on the subject property, had been remodeled such
that fifty (50) percent or greater of the existing interior and exterior walls had
been demolished; and,
WHEREAS, the demolition of the pre-existing structure is a violation of
Condition of Approval No. 12 of Height Variation and Site Plan Review Case No.
ZON2003-00059; and,
WHEREAS, Section 17.86.060(D) of the City's Development Code states
that the body taking final action granting the permit may, after following the same
procedures utilized for approving such a permit, revoke or suspend the permit if
the permit is being or recently has been exercised contrary to the terms or
conditions of such permit; and,
WHEREAS, Section 17.86.060(D) of the City's Development Code states
that no permit shall be revoked prior to providing a ten calendar day written
notice to the holder of the permit and an opportunity to be heard before the body
considering revocation of the permit; and,
WHEREAS, on December 8, 2004 a letter was sent to the property
owners informing them of the City's intent to revoke the permit; and,
P.C. Resolution No. 2005-03
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WHEREAS, on December 9, 2004, a 30-day notice was sent to property
owners within the 500-foot radius informing them of the hearing time and location
and published in the Peninsula News on December 11, 2004; and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on January 11, 2005, at which all interested parties were given the
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: The Planning Commission finds that the applicant has
remodeled the pre-existing residential structure located on the subject property
such that fifty (50) percent or greater of the existing interior and exterior walls had
been demolished.
Section 2: That the remodel of the pre-existing residential structure
located on the subject property, such that fifty (50) percent or greater of the
existing interior and exterior walls had been demolished is in violation of
Condition No. 12 of Height Variation and Site Plan Review Case No. ZON2003-
00059.
Section 3: That Pursuant to Section 17.86.060(D) of the City's
Development Code, Height Variation and Site Plan Review Case No. ZON2003-
00059 can be revoked.
Section 4: 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 revokes
Height Variation and Site Plan Review Case No. ZON2003-00059, thereby
voiding the construction of a 563 square foot second-story addition above the
existing garage and the construction of 618 square feet of first-story additions
throughout the residence.
P.C. Resolution No. 2005-03
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PASSED, APPROVED, AND ADOPTED this 25th day of January, 2005, by
the following votes
AYES: commissioners Gerstner, Karp, Tetreault, and Perestam.
NOES: None
ABSTENTIONS: commissioner Knight
ABSENT- Chairman Mueller
draig Mueller
Chairman
,kel ojas Al P
=Dire or of Pltn�'Wg, Building
ode Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2005.03
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