CC RES 2005-050RESOLUTION NO. 2005-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING
COMMISSION'S DENIAL OF CASE NO. ZON2004- 00174, AN APPLICATION FOR
APPROVAL OF A SITE PLAN TO LEGALIZE AN UNPERMITTED 240 SQUARE FOOT
PATIO ENCLOSURE CONSTRUCTED ON A BALCONY THAT WAS
RECONSTRUCTED WITHOUT PERMITS, FOR PROPERTY LOCATED AT 6311
TARRAGON ROAD.
WHEREAS, in 1982, the City approved the construction of an unenclosed balcony on
the front of the second story of a single family residence located at 6311 Tarragon Road; and
WHEREAS, on May 21, 2003, a code enforcement complaint was received by Staff
regarding the reconstruction of the balcony and the addition of a 240 square -foot enclosure
thereon without required permits, and City Staff advised the property owner, Lenee Barden, of
this violation on May 22, 2003; and,
WHEREAS, on April 8, 2004, the property owner, Lenee Barden, submitted a Height
Variation application (as Case No. ZON2004- 00174) requesting legalization of the unpermitted
patio enclosure on a second story balcony that was reconstructed without permits; and,
WHEREAS, on April 27, 2004, the Height Variation application was deemed incomplete
pending the submittal of additional information; and,
WHEREAS, on June 30, 2004, City Staff determined that the project only required a Site
Plan Review application along with a Neighborhood Compatibility assessment, due to
clarifications to the Development Code approved by the City Council that took effect in early
June 2004; the amended Development Code does not require a Height Variation but does
require a neighborhood compatibility analysis because the 240 square -foot patio enclosure is
considered an addition to a second story; and,
WHEREAS, on September 22, 2004, after submittal of the required information, Case
No. ZON2004 -00174 was deemed complete by City 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 Case No. ZON2004 -00174 would have a significant effect on the
environment and, therefore, the project has been found to be categorically exempt under Class
1 (Section 15301) because the property currently is developed with a single - family residence;
and,
WHEREAS, on November 18, 2004, the Director of Planning, Building and Code
Enforcement reviewed Case No. ZON2004 -00174 and denied said application, and a Notice of
Decision was prepared and distributed to all interested parties; and,
WHEREAS, on November 29, 2004, within fifteen (15) days following the Director's
Notice of Decision, the landowner and appellant, Lenee Barden, filed an appeal to the Planning
Commission requesting that the Planning Commission overturn the Director's denial of Case
No. ZON2004 -00174 based upon her belief that the enclosure is a great improvement to the
home and that other homes have similar improvements; 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 25, 2005, at which time the Planning Commission considered the application and
denied the appeal, thereby upholding the Director's denial of Case No. ZON2004- 00174, and a
Notice of Decision was prepared and distributed to all interested parties; and,
WHEREAS, on February 4, 2005, within fifteen (15) days following the Planning
Commission's decision, the landowner and appellant, Lenee Barden, filed an appeal to the City
Council requesting that the City Council overturn the Planning Commission's denial of Case No.
ZON2004- 00174, based upon her belief that the addition is not out of character with the
neighborhood; 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 on May 17, 2005,
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: As stated in the Memorandum from Staff to the Director dated November
177 2004; the Staff Report to the Planning Commission dated January 25, 2005; Planning
Commission Resolution No. 2005 -05; the Staff report that was prepared for the City Council,
and the evidence and testimony that was presented to the City Council, all of which are
incorporated herein by reference, the City Council hereby finds that the enclosure that was
constructed upon the balcony does not comply with the requirements and findings set forth in
the Development Code for Neighborhood Compatibility. Site visits to the surrounding residential
neighborhood demonstrate that other residences in the neighborhood do have balconies over
the driveway and garage entries, which are consistent with the balcony that previously existed
on the subject property. However, the patio enclosure that was constructed upon this balcony at
the subject property without permits is a new feature that is not present in the immediate
neighborhood. None of the residences in the neighborhood have an enclosed patio over such
balcony areas or contain an enclosed upper level that projects beyond the first -story fagade.
Furthermore, this enclosure on the front of the second story of the residence is made even more
apparent due to its visibility from Barkentine Road and Tarragon Road.
Section 2: The City Council hereby upholds the Planning Commission's denial of
Case No. ZON2004- 00174, and finds as follows:
The style and location and design of the after - the -fact patio enclosure does not integrate
with design of the residential structures in the immediate neighborhood and deviates from the
established character of the neighborhood. The after - the -fact patio enclosure is not compatible
with the immediate neighborhood character based upon its architectural style and its bulk and
mass, because:
Resolution No. 2005 -50
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a) The patio enclosure over the balcony at the subject property is a new feature that is
not present on other residential structures in the immediate neighborhood. Although some of
the surrounding residences do have unenclosed balconies, none of the residences in the
neighborhood have an enclosed patio over a balcony area or have an enclosed upper level that
projects beyond the first -story facade into the front yard.
b) This second story enclosure is made even more apparent due to its proximity to, and
visibility from, Barkentine Road and Tarragon Road.
Section 3: For the foregoing reasons, and based on the information and findings
included in the Memorandum to the Director dated November 17, 2004; the Staff Report to the
Planning Commission dated January 25, 2005; Planning Commission Resolution No. 2005 -05;
the Staff report prepared for the City Council, and the evidence and testimony that was
presented to the City Council in connection with this application, the City Council of the City of
Rancho Palos Verdes hereby denies the appeal, thereby upholding the Planning Commission's
denial of Case No. ZON2004 -00174 for a Site Plan Review application for the unpermitted patio
enclosure because it is not compatible with character of the immediate residential
neighborhood. However, this determination is without prejudice to the applicant's ability to seek
approval for the reconstruction of the unenclosed balcony that previously existed at the property,
which was approved by the City in 1982.
Section 4: The time within which 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.
PASSED, APPROVED, AND ADOPTED this 31 st day of May 2005.
Will
Mayor
Attest:
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Stag of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 2005 -50 as duly and regularly passed and adopted by the said City
Council at a regular meeting held on May 31, 2005.
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Resolution No. 2005 -50
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