PC RES 2005-005 P.C. RESOLUTION NO. 2 -
RESOLUTION F THE PLANNINGCOMMISSION OF THE CITY OF
RANCHOL VERDES DENYINGTHE APPEAL AND THEREBY
UPHOLDING THE DIRECTOR'SIAL OF CASE NO.ZON2004-00174,
FOR A SITEPLAN REVIEWTO LEGALIZE AN UNPERMITTED4
SQUARE FOOT PATIO L E CONSTRUCTED ON A BALCONY
THAT WAS RECONSTRUCTEDWITHOUT PERMITS, F TY
LOCATED AT 6311 TARRAGON ROAD.
WHEREAS, on May 21, 2003, a code enforcement complaint was received by Staff
regarding a non-permitted balcony and enclosure at 6311 Tarragon Road. The property
owner, Lenee Barden, was subsequently advised 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, it was determined that the project only required a Site
Plan Review application with a Neighborhood Compatibility assessment due to clarifications
to the Development Code approved by the City Council that took effect in early June 2004;
and,
WHEREAS, on September 22, 2004, after submittal of the required information,
Case No. ZON2004-00174 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 Regulation, 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) since the addition does not intensify
the use of the lot since the property is currently 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 Case, 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, Lanee 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 the 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 all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Site visits to the neighborhood found that other residences contain
balconies over the driveway and garage entries, which is consistent with the balcony that
previously existed on the subject property. However, the patio enclosure over this balcony
at the subject property is a new feature that was introduced into the immediate
neighborhood, and Staff found that none of the residences in the neighborhood contain an
enclosed patio over such balcony areas or contain an upper level that projects beyond the
first-story fagade. Further, this area is made more apparent due to the location of the patio
enclosure and its visibility from Barkentine and Tarragon Road
Section : The Planning Commission hereby upholds the Director's denial of
Case No. ZON2004-00174, and finds as follows:
a) The after-the-fact patio enclosure is not compatible with the immediate
neighborhood character based upon architectural style and the apparent bulk
and mass of the structure.
Section : Any interested person may appeal this decision or any portion of this
decision to the City Council. Pursuant to Section 17.02.040.C.1.j of the Rancho Palos
Verdes Municipal Code, any such appeal must be filed with the City, in-writing, and with the
appropriate appeal fee, no later than fifteen (15) days following the date of the Planning
Commission's final action.
Section 4: For the foregoing reasons, and based on the information and findings
included in the Memorandum to the Director dated November 17, 2004, the Memorandum
to the Planning Commission dated January 25, 2005, Minutes and other records of
proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby denies
the appeal, thereby upholding the Director's denial of Case No. ZON2004-00174 for a Site
Plan Review application.
PASSED, APPROVED, AND ADOPTED this 25th day of January 2005, by the following
vote:
AYES:
P.C. Resolution No. 2005-05
Page 2
the appeal,thereby upholding the Director's denial of Case No. ZON2004-00174for a Site
Plan Review application.
PASSED, APPROVED, AND ADOPTED this 25th day of January 2005, by the following
vote:
AYES: Karp, Gerstner, Tetrault, Knight
NOES: Perestam
ABSTENTIONS: o
ASSENT: Mueller
�. ; 14-
Craig Mueller
Planning Commission Chairman
UJ
j oor of PI as, A Vng, Building and
Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2005-n
Page 3