CC RES 1998-066 RESOLUTION NO. 98-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL,
THEREBY UPHOLDING THE PLANNING COMMISSION'S
ACTION AFFIRMING THE DIRECTOR'S INTERPRETATION
OF RANCHO PALOS VERDES DEVELOPMENT CODE
SECTION 17.02.030(A), TABLE 02-A, NOTE 2 REGARDING
MAXIMUM STRUCTURE SIZE.
WHEREAS, from December of 1993 through March of 1997, the Planning
Commission and City Council held numerous, noticed public hearings to discuss revisions
to the Rancho Palos Verdes Development Code; and,
WHEREAS, on April 1, 1997, the City Council introduced Ordinance No. 320,
approving revisions to the Rancho Palos Verdes Development Code which included the
establishment of a maximum structure size for single-family residences; and Ordinance
No. 320 was adopted on April 15, 1997, and became effective thirty (30) days later on May
15, 1997; and,
WHEREAS, on June 2, 1997, the requestor/appellant, Mr. U.S. Dhurandhar,
purchased a 2,100-square-foot single-family residence on a 1-acre lot, located at 3344
Palos Verdes Drive West, with the intention of demolishing the existing residence and
replacing it with a new residence approximately five to six times larger; and,
WHEREAS, Section 17.02.030(A), Table 02-A, Note 2 of the Development Code
states that the maximum structure size for "[lots] of record, existing as of November 25,
1975 (adoption of this Code), or within Eastview and existing as of January 5, 1983
(annexation)" shall be either "[the] RS District Open Space % of Existing Lot Area or a
100% expansion of the original structure, whichever is less"; and,
WHEREAS, the Development Code regulations regarding maximum structure size
do not explicitly address the maximum allowable size for a new, single-family residence
on a developed lot if the existing, original single-family residence is demolished rather than
remodeled or expanded; and,
WHEREAS, on February 27, 1998, Mr. Dhurandhar submitted a request for an
interpretation of the Development Code provisions regarding maximum structure size as
they apply to his property on Palos Verdes Drive West and to other similar properties in
the City; 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 this request would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically
exempt (Sections 15301(e), 15301(1) and 15303 (a)) because it only affects the
modification, demolition and/or construction of individual single-family residences; and,
WHEREAS, on March 26, 1998, the Director of Planning, Building and Code
Enforcement rendered a determination in this matter, and caused a notice of said
determination to be sent to the requestor, the Rancho Palos Verdes City Council, the
Rancho Palos Verdes Planning Commission and interested parties, and to be published
in the Palos Verdes Peninsula News on March 28, 1998, in compliance with the provisions
of Section 17.90.040 of the Rancho Palos Verdes Development Code; and,
WHEREAS, on March 27, 1998, less than fifteen (15) days following the Director's
determination, Mr. Dhurandhar requested an interpretation hearing on this matter before
the Planning Commission; and,
WHEREAS, on May 26, 1998, the Planning Commission conducted a duly noticed
interpretation hearing to consider Mr. Dhurandhar's request, and adopted P.C. Resolution
No. 98-19, thereby affirming the Director's interpretation of Section 17.02.030(A), Table
02-A, Note 2 of the Development Code regarding maximum structure size; and,
WHEREAS, on June 5, 1998, less than fifteen (15) days following the Planning
Commission's decision, Mr. Dhurandhar, filed an appeal to the City Council, requesting
that the City Council overturn the Planning Commission's affirmation of the Director's
interpretation of Section 17.02.030(A), Table 02-A, Note 2 of the Development Code; 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 July 7,
1998, 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 concurs with the determination by the Director of
Planning, Building and Code Enforcement, as affirmed by the Planning Commission,
regarding maximum structure size and Section 17.02.030(A), Table 02-A, Note 2 of the
Rancho Palos Verdes Development Code, to wit:
In instances where the existing (i.e., original) structure(s) on a lot of record,
which lot existed prior to November 25, 1975 (or prior to January 5, 1983, in
the Eastview area), is(are) expanded, remodeled or demolished, the
Resolution No. 98-66
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maximum structure size applicable to all new structures subsequently built
upon the lot shall be equivalent to either a 100-percent expansion of the
original structure(s) or the open space percentage of the underlying zoning
district multiplied by the lot size, whichever is less, unless otherwise
approved by the Planning Commission through a variance.
Section 2: The City Council finds that the Director's interpretation, as affirmed by
the Planning Commission and described under Section 1 above, is consistent with the
stated purpose of the Single-Family Residential (RS) Districts under Section 17.02.010 of
the Rancho Palos Verdes Development Code to "provide for individual homes on separate
lots, each for the occupancy of one family, at various minimum lot sizes"; is also consistent
with General Plan Housing Policy No. 2 to "[require] all new housing developed to include
suitable and adequate landscaping, open space and other design amenities to meet the
community standards of environmental quality" and General Plan Housing Policy No. 17,
which calls upon the City to "[make] every effort through zoning...to preserve the rural and
open character of the City"; and is consistent with the preservation of neighborhood
character and compatibility for infill development in established neighborhoods--where no
other discretionary review is required--by eliminating a possible incentive to demolish
existing residences in order to construct newer, larger and bulkier homes.
Section 3: The City Council finds that relief from this interpretation may be
available through the approval of a variance by the Planning Commission, subject to the
required findings of fact specified in the Chapter 17.64 of the Rancho Palos Verdes
Development Code and Section 65906 of the California Government Code; and that the
affirmation of the Director's interpretation of this section of the Development Code in no
way prevents the requestor/appellant in this case--or the owners of similar properties
elsewhere in the City--from applying for a variance to exceed the maximum structure size
for a single-family residence, nor does it indicate any predisposition on the part of the City
to either approve or deny such variance requests.
Section 4: The time within which judicial review of the decision reflected in this
Resolution must be sought, if available, is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 5:, For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, and P.C.
Resolution No. 98-19, which are attached hereto by reference, the City Council of the City
of Rancho Palos Verdes denies the appeal, thereby upholding the Planning Commission's
action affirming the Director's interpretation of Rancho Palos Verdes Development Code
Section 17.02.030(A), Table 02-A, Note 2 regarding maximum structure size.
Resolution No. 98-66
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PASSED, APPROVED, AND ADOPTED this 7th day of July 1998.
f_
Mayor
ATTEST:
41 1
s j
C Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 98-66 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on July 7, 1998.
City Cl k
City of •ancho Palos Verdes
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Resolution No. 98-66
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