CC RES 2011-060 RESOLUTION NO. 2011-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING A REQUEST TO ELIMINATE CONDITION NO. 5 OF
CITY COUNCIL RESOLUTION NO. 91-44, THEREBY ALLOWING A DECK
RAILING TO BE LOCATED AT THE EDGE OF AN ENXISTING SECOND-
STORY DECK AT THE PROPERTY LOCATED AT 28105 GOLDEN MEADOW.
WHEREAS, on July 2, 1991, the City Council denied an appeal and upheld the Planning
Commission's decision to approve a second story addition and deck with a specific condition of
approval to limit the usable area of the proposed deck to be in line with the first floor addition
below; and,
WHEREAS, on March 18, 2010, the applicant applied for and was issued a Building
Permit (BLD2010-00180) to install a deck railing that measured 90 lineal feet, and the permit
was finaled on March 23, 2010, even though the Building Permit did not comply with the
aforementioned condition; and,
WHEREAS, on May 3, 2010, the City's Code Enforcement Division received a complaint
that a new deck railing had been installed that did not comply with the requirements of City
Council Resolution No. 91-44; and,
WHEREAS, the property owner of 28105 Golden Meadow submitted a revision request
to the Community Development Department requesting that the City Council eliminate Condition
No. 5 of City Council Resolution No. 91-44; and,
WHEREAS, on March 7, 2011, a public notice was sent to all property owners within a
500 foot radius of the subject property and subsequently was published in the Peninsula News
on March 10, 2011; and,
WHEREAS, the proposed project is exempt from the provisions of the California
Environmental Quality Act (CEQA), under Article 19, Section 15303(e)(2)(additions) of the
California Guidelines for Implementation of CEQA. Specifically, the modification to the deck
railing falls within the exemption for a minor alteration to an existing structure. Further, the
property is in an area where all public services and facilities are available, and the property is
not located in an environmentally sensitive area. As such, this project has been determined to
fall within the aforementioned exemption; and,
WHEREAS, the City Council held a duly noticed public hearing on April 5,2011, at which
time all interested parties were given an opportunity to be heard and present evidence;
WHEREAS, the City Council continued the public hearing to a date uncertain;
WHEREAS, on June 20, 2011, as a result of continuing the public hearing to a date
uncertain, a new public notice was sent to all property owners within a 500 foot radius of the
subject property and subsequently was published in the Peninsula News on June 23, 2011;
WHEREAS, the City Council held a duly noticed public hearing on July 19, 2011, at
which time all interested parties were given an opportunity to be heard and present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The request to eliminate Condition No. 5 of City Council Resolution No. 91-
44 is approved, and the deck railing shall be permitted around the perimeter of the entire
existing deck subject to the conditions of approval in the attached Exhibit'A',which are attached
hereto and incorporated herein by this reference.
Section 2: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 2nd day of A gust 111.
Mayor
Attest:
41 41 A_ 1A-
City Clerk
State of California )
County of Los Angeles ) ss
City or Rancho Palos Verdes )
I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2011-60 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on August 2, 2011.
+'
City Clerk
Resolution No. 2011-60
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Exhibit "A"
Conditions of Approval
(Revision to Resolution No. 91-44)
General
1. The property owner shall be permitted to install and maintain a railing
around the perimeter of the existing second story deck and balcony,
provided that it is subject to review and approval by the Building Official
and meets the minimum standards of the California Building Code for a
deck/balcony structure, and the property owner submits proof that the last
ten feet of the structure was, or will be, structurally designed to be used as
a deck/balcony surface.
2. The property owner shall not use the last ten feet of the existing
deck/balcony that is allowed by this approval until said area is proven to
be structurally stable to the satisfaction of the City's Building Official. Until
the Building Official has approved the use of said area as a deck, the
property owner shall install a temporary barrier that shall prohibit persons
from accessing the last ten feet of the existing deck/balcony.
3. The property owner shall submit plans into Building and Safety Plan
Check and obtain a Building Permit for the additional deck/balcony area,
within 30 days of the date of this approval (by September 1, 2011), to
address the items listed in Condition Nos. 1 and 2 above.
Resolution No. 2011-60
Exhibit A
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