CC RES 2006-093RESOLUTION NO. 2006-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL AND
UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A
HEIGHT VARIATION AND SITE PLAN REVIEW (PLANNING
CASE NO. ZON2005- 00610) WITHOUT PREJUDICE FOR THE
CONSTRUCTION OF 962- SQUARE -FOOT 1 ST -FLOOR
ADDITIONS AND A 1,292 - SQUARE -FOOT 2ND -STORY
ADDITION TO AN EXISTING 1 -STORY SINGLE - FAMILY
RESIDENCE, LOCATED AT 5437 MIDDLECREST ROAD.
WHEREAS, on November 18, 2005, the applicant, Carmela Bonello, submitted
an application for Planning Case No. ZON2005 -00610 for a height variation and site
plan review to allow 1 St- and 2nd -floor additions to her existing 1 -story single - family
residence on a flag lot on Middlecrest Road in the Ridgecrest community; and,
WHEREAS, on July 28, 2006, the application for Planning Case
No. ZON2005 -00610 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 the approval of the requested
height variation and site plan review would have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt (Section
15301); 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 September 12, 2006, and September 26, 2006, at which time all interested
parties were given an opportunity to be heard and present evidence; and,
WHEREAS, on September 26, 2006, the Planning Commission adopted P.C.
Resolution No. 2006 -49, thereby denying the requested height variation and site plan
review without prejudice; and,
WHEREAS, on October 10, 2006, Mrs. Bonello filed a timely appeal of the
Planning Commission's denial of his request for a height variation and site plan review
to the City Council; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the City Council held a duly- noticed public hearing to
consider Mrs. Bonello's appeal on December 5, 2006, 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 City Council finds that Mrs. Bonello's appeal is unwarranted
and is, therefore, denied. The appeal raises no new issues and provides no information
or evidence that warrants overturning the decision of the Planning Commission in
denying the requested height variation and site plan review for proposed 1St- and 2nd_
story additions to the existing 1 -story single - family residence.
Section 2: The City Council finds that, with respect to the application for a
height variation for the proposed 1,292- square -foot 2nd -story addition, the proposed
structure is not compatible with the immediate neighborhood character in terms of the
scale of surrounding residences, including total square footage and lot coverage of the
residence; architectural styles, including facade treatments, structure height, open
space between structures, roof design, the apparent bulk or mass of the structure,
number of stories, and building materials; and front -, side -, and rear -yard setbacks. The
2nd_floor addition has not been designed and situated in a manner that integrates it with
the overall design of the house and minimizes the creation of unbroken 2 -story facades.
In addition, the addition is not designed so that it appears similar to the surrounding 1-
story residences in the immediate neighborhood. Although there are two (2) other multi -
or split -level homes in the immediate neighborhood of twenty (20) residences, the
proposed project would be the only "full" 2 -story residence in the immediate
neighborhood. Furthermore, the proposed project would be the largest home in the
immediate neighborhood, exceeding the average home size by 45% and the next
largest home size by 18 %.
Section 3: The City Council also finds that, although the proposed 962- square-
foot -1 St -floor additions to the existing 1 -story single - family residence are consistent with
the development standards of the RS -2 zoning district and other relevant provisions of
the City's Development Code, the additions are an integral part of the proposed 2nd_
story addition, and thus the appeal of the denial of the requested site plan review
application is denied as well.
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 City
Council of the City of Rancho Palos Verdes hereby denies the appeal and upholds the
Planning Commission's denial without prejudice of a height variation and site plan
review (Planning Case No. ZON2005- 00610) for the construction of 962- square -foot 1 St_
floor additions and a 1,292- square -foot 2nd -story addition to an existing 1 -story single -
family residence, located at 5437 Middlecrest Road.
Section 5: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the
California Code of Civil Procedure and other applicable short periods of limitation.
Resolution No. 2006 -93
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PASSED, APPROVED, AND ADOPTED this 5th day of December 2006.
Attest:
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2006 -93 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on December 5, 2006.
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Resolution No. 2006 -93
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