PC RES 2007-010 P.C. RESOLUTION NO. 2007-10
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO LOS VERDES DENYING THE APPEAL, THEREBY
UPHOLDING THE DIRECTOR'S APPROVAL OF A SITE PLA
REVIEW (CASE NO. N2006-00289), WHICH ALLOWS THE
DEMOLITION OF AN EXISTING 530 SQUARE FOOT TRELLIS AND
THE CONSTURCTION OF A NEW530 SQUARE FOOT BALCONY,
FOR PROPERTY LOCATED AT 6826 VERDE RIDGE ROAD.
WHEREAS, on June 6, 2006, the applicant submitted an application for a Site Plan
Review (Case No. ZON2006-00289), a request to demolish the existing 530 square foot trellis
and construct a 530 square foot balcony. After review of this application, staff deemed it
incomplete on June 7, 2006, due to missing information on the application and project plans. In
response to issues staff raised, the applicant subsequently revised the project to change the
balustrade material from cement to wrought iron; and,
WHEREAS, on August 15, 2006, the application for the Site Plan Review 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 Regulations, 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 Site Plan Review, will have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt
under Class 3 (Section 15303); and,
WHEREAS, on October 19, 2006, after a duly noticed public comment period, the
Director of Planning, Building, and Code Enforcement approved the Site Plan Review (Case No.
ZON2006-00289). In accordance with the Municipal Code requirements, a Notice of Decision
for the approval was sent to all interested parties; and,
WHEREAS, on November 3, 2006, the appellant (Eugene Mowlds, III) filed a timely
appeal of the Director's decision, requesting that the.Planning Commission reverse the approval
of the Site Plan Review; and,
WHEREAS, after public notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
February 13, 2007, 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 approved project includes the demolition of a 530 square foot
existing trellis and the construction of a new 530 square foot balcony.
Section 2: The proposed Site Plan Review for the new balcony is consistent with the
provisions of Title 17 of the City of Rancho Palos Verdes Municipal Code.
P.C. Resolution No. 2007-10
Page 1 of 4
Section 3: That the appeal is not warranted since the proposed project is compatible with
the immediate neighborhood. Although, the proposed balcony will be unique to the
neighborhood it is not visible from the public right-of-way. While the proposed balcony is visible
from the appellant's rear yard, it is not located in their general viewing direction. The proposed
new balcony complies with the required development standards of Title 17 of the Municipal
Code because it will maintain the same setbacks and lot coverage as the existing trellis. In
addition, the overall mass will be generally the same, since the only resulting difference will be
the addition of a 3' high guardrail to an existing 9' tall structure.
Section 4: Any interested person aggrieved by this decision or any portion of this
decision may appeal, in writing to the City Council. The appeal shall set forth the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must be filed
within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday,
February 28, 2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is
filed timely, the Planning Commission's decision will be final at 5:30 PM on February 28, 2007.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Reports (dated October 17, 2006), the Planning Commission of the City of
Rancho Palos Verdes hereby denies the appeal, thereby upholding the Director of Planning,
Building, and Code Enforcement's approval of a Site Plan Review (Case No. ZON2006-00289)
which allows for the demolition of an existing 530 square foot trellis and the construction of a
new 530 square foot balcony in its place, 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.
PASSED, APPROVED AND ADOPTED this 13th day of February 2007, by the following vote:
AYES: Commissioners Karp, Lewis, Perestam, Ruttenberg, Tetreault, Vaca Chairman
rstner, Chairman Knight
NOES: Done
ABSTENTIONS: None
ABSENT: None
4
Jivh Kni ,
hair an
Joe jas, AICP
Dir ct r of Planni g, Building
an ode Enforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2007-10
Page 2 of 4
Exhibit"A"
Conditions of Approval
Case No. Z N2006-00289 (Site PlanReview)
6826 Verde Ridge
General
1. Approval of this Site Plan Review shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code shall apply.
2. The approval shall become null and void after 180 days from the date of approval unless
the approved plans are submitted to the Building and Safety Division to initiate the "plan
check" review process, pursuant to Section 17.86.070 of the City's Development Code.
This approval shall become null and void if, after initiating the "plan check" review
process, or receiving a building permit to begin construction, said, "plan check" or permit
is allowed to expire or is withdrawn by the applicant.
3. The applicant/property owner shall submit to the City a statement, in writing that they
have read, understand and agree to all conditions of approval listed below. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve
minor modifications to the conditions of approval and/or the approved plans, provided
such modifications will achieve substantially the same results as would strict compliance
with the original plans or conditions.
5. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No
work is permitted on Sundays or legal holidays. No work is permitted on Sundays or
legal holidays. Trucks and other construction vehicles shall not park, queue and/or idle
at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated above.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. The construction site, adjacent public and private properties shall be kept free of all
loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but not be limited
to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
9. Prior to the commencement of construction, the applicant shall obtain all applicable
P.C. Resolution No. 2007-10
Page 3 of 4
permits as required by the Building and Safety Division.
Site Plan Review
10. This site plan review allows the demolition of an existing 530 square foot trellis and
construction of 530 square foot balcony in the same location. The height of the balcony
and guardrail shall not exceed the measurements shown on the stamped plans,
approved by the Planning Department. The maximum building height shall not exceed
12 feet.
11. The balcony shall be modified through a change in design and material from the
proposed glass and cement combination to all wrought iron. New revised plans showing
the changes shall be submitted to the Planning Department, prior to Building and Safety
plan check submittal.
12. The applicant shall apply and obtain a building permit for the un-permitted installation of
4 glass doors on the second floor, concurrently with the balcony project. PRIOR TO
ISSUANCE OF A FINAL FOR THE BUILDING PERMIT FOR THE BALCONY, THE
APPLICANT SHALL OBTAIN A FINAL FOR THE BUILDING PERMIT ON THE GLASS
DOORS.
13. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following.: 20' front, 15'
rear, and 5' sides.
14. The approved project shall maintain 37.5%, but in no case shall exceed 50% lot
coverage.
15. A foliage analysis conducted by staff on September 6, 2006 revealed no existing foliage
that significantly impairs the protected view from any surrounding properties.
P.C. Resolution No. 2007-10
Page 4of4