PC RES 2008-009 P.C. RESOLUTION NO. 2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, AN
AMENDMENT TO AN APPROVED HEIGHT VARIATION PERMIT
(CAE NO. Z N20 5-00404) BY ADDING NEW WINDOWS
ALONG THE SOUTH FAQADE OF A SECOND STORY ADDITION ON
THE PROPERTY LOCATED T 30136 VIA RIVER (CASE NO.
z 2008-00081).
WHEREAS, on January 10, 2006, the Planning Commission adopted P.C. Resolution
No. 2006-02, approving a Height Variation Permit (Case No. ZON2005-00404); and,
WHEREAS, on November 20, 2007, the applicant submitted an application to revise the
previously approved Height Variation permit to add one new window on the south side of the
previously approved 2nd-story addition; and
WHEREAS, on December 12, 2007, staff deemed the project to be complete; and,
WHEREAS, on January 14, 2008, the applicant revised said application by submitting an
additional revision to the Height Variation permit to include two windows on the south side of the
previously approved 2nd-story addition; and
WHEREAS, on January 16, 2008, staff deemed the revised application to be complete;
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 the 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, 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 22, 2008, at which time all interested parties were given an opportunity to be heard and
present evidence. Due to the submittal of a revised application and the need to re-notice said
application, the Planning Commission continued hearing of the item to the February 26, 2008
meeting; 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
February 26, 2008, 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 I.- The proposed revision is exclusively for the inclusion of two new
P.C. Resolution No. 2008-09
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translucent and fixed windows on the south fagade of the previously approved 2"d-story addition
located at 30136 Via Rivera.
Section 2: The Height Variation Permit can be approved because the proposed
revision that is above sixteen feet in height or addition to an existing structure that is above
sixteen in height does not result in an unreasonable infringement of the privacy of the occupants
of abutting residences, due to the proposed windows conditioned to be translucent and have
limited operability.
Section 3: The proposed revision is consistent with all Height Variation findings as
adopted through Planning Commission Resolution No. 2006-02, including the revised privacy
finding #9 as described in Section 2 above.
Section 4: Any interested person aggrieved by this decision or any portion of this
decision may appeal 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, March 12,
2008. A $1,344.00 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 March 12, 2008.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby conditionally approves the revised Height Variation permit, subject to the conditions set
forth in the attached `Exhibit A' (Case No. ZON2008-00081).
PASSED, APPROVED AND ADOPTED this 26th day of February 2008, by the following vote:
AYES: Commissioners Knight, Ruttenberg, Tetrault, Tomblin, Vice Chairman Perestam and
Chairman Gerstner
NOES: None
RECUSALS: None
ABSTENTIONS: None
ABSENT: Commissioner Lewis
Bill Gerstner,
Chairman
Joel ojas, AIC
Director of Planning, Building
and Code Enforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2008-09
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Exhibit "A"
Conditions of Approval
Case No. ZON200 -00081 (FIV)
30136 Via Rivera
1. Approval of this Height Variation revision 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. No changed to prior conditions of previously adopted Resolution No. 2006-02 are made
in relation to this approval and such conditions will remain in full effect
3. The approval shall become null and void after 1 year 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.
4. 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.
5. 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.
6. This revision permits two new windows to be installed along the 2"d-story south elevation
of the residence. The two windows are required to be translucent. To allow for
ventilation, the windows may be a type where the top portion is fixed and the bottom
portion is openable in a manner that minimizes privacy impacts to the adjacent property,
to the Director's Satisfaction. No other future windows shall be installed along the 2nd_
story south elevation without further approval by the Planning Commission of an
amendment to the original application.
P.C. Resolution No. 2008-09
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