CC RES 1994-002RESOLUTION NO. 94 -2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL OF HEIGHT
VARIATION NO. 750 - REVISION, THEREBY UPHOLDING THE
PLANNING COMMISSION'S DECISION TO DENY THE REVISED
PROJECT AND REQUIRE THE APPLICANT TO RECONSTRUCT
THE ADDITION PURSUANT TO THE COMMISSION'S APPROVED
PLANS DATED MARCH 23, 1993, FOR THE PROPERTY LOCATED
AT 3558 BENDIGO DRIVE.
WHEREAS, the applicants, Mr. and Mrs. Earl Gantz, had
requested a Revision to Height Variation No. 750 to allow a 528 sq.
ft, addition above the garage for storage purposes only; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, (CEQA) , the proposed project was found
to be Categorically Exempt (Class I); and,
WHEREAS, the Director of Planning, Building & Code Enforcement
made the determination that the revised project satisfied all of
the criteria set forth in Section 17.02.040 of the City's
Development Code, and approved Height Variation No. 750 - Revision on
September 13, 1993; and,
WHEREAS, on September 27, 1993, within fifteen days of the
Director's decision, Mr. James Gordon filed a written appeal (and
petition) accompanied by the appropriate fee; and,
WHEREAS, on December 14, 1993, the Planning Commission held a
duly noticed public hearing and adopted P.C. Resolution No. 93 -43,
upholding Height Variation No. 750 - Revision - Appeal, thereby
overturning the Director's approval of the revised project and
requiring the applicant to reconstruct the project to conform with
the Commission's approved plans dated March 23, 1993; and,
WHEREAS, on December 15, 1993, within fifteen days of the
Commission's decision, Mr. Earl Gantz filed a written appeal
accompanied by the appropriate fee; and,
WHEREAS, after notice pursuant to the provisions of the Rancho
Palos Verdes Development Code, the City Council held a duly noticed
public hearing on January 10, 1994, 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: That the revised project does. not comply with
Development Code Section 17.02.040(Cldviii), since it is not
compatible with the immediate neighborhood character. Even though
the revised addition atop the garage would respect the minimum
twenty foot front yard setback, the remodeled home would not be in
character with other homes in the area due to its mass and two
story appearance. Although there exist other homes in the area
with habitable space above the garages, they are smaller in scale
and do not appear to be true two story structures, as viewed from
the public right -of -way.
section 2: For the foregoing reasons and based on the
information contained in the Staff Report, attachments, minutes and
records of the proceedings, the City Council hereby denies the
appeal of Height Variation No. 750 - Revision, thereby upholding.the
Panning Commission's decision and Denying the revised project. As
a result, the landowner shall remove the existing structure over
the garage and re -build the project to comply with the plans
reviewed and approved in conjunction with Variance No. 350 (a
request for a reduction in the front yard setback for the garage)
by the Planning Commission on March 23, 1993. Removal of the non -
permitted portion of the structure shall commence within sixty days
from the Council's action.
PASSED, APPROVED, AND ADOPTED this 10th day of January 1994.
MAY ft
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
ss
I. Jo Purcell, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 94 -2 was duly and
regularly passed and adopted by the said City Council at a regular
meeting held on January 10, 1994. /1
-City Jerk
City Rancho Palos Verdes
Resolution No. 94 -2
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