PC RES 2005-039 P.C. RESOLUTION NO. 2005-3
A RESOLUTION OF THE PLANNING I I OFT E
CITY OF RANCHOPALOS VERDEVERDES APPROVING, ITH
CONDITIONS, REVISION TO A HEIGHT VARIATION PERMIT
(CAE NO. Z 2 05® 315), FOR PROPERTY L T T
2 224 SAN NICOLAS.
WHEREAS, on October 26, 2004, the Planning Commission approved a Height
Variation Permit (Original Case No. ZON2003-00566), thus allowing the construction of
a 990 square foot addition to the existing 2,484 square foot three story residence. This
approval is subject to the conditions of approval set forth in P.C. Resolution No. 2004-
45; and,
WHEREAS, on June 16, 2005, the applicant submitted a revision to the original
Height Variation Permit requesting to modify the approved plans to include a 280
square foot roof deck that takes access from the third floor; and,
WHEREAS, the revision to the Height Variation Permit application was deemed
complete by staff on July 13, 2005; 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 revision to the Height
Variation Permit would have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt under Class 1 (Section
15301); and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on August 23, 2005 at which time all interested parties were given opportunities
to be heard and present evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved revision includes the conversion of a pitched
roof area on the southwest corner of the residence to a 280 square foot roof deck.
Section 2- The revision to the Height Variation Permit is warranted since the
applicant has complied with the early neighborhood consultation process established by
the City by obtaining 74% of the property owners' signatures within 500 feet of the
subject site.
P.C. Resolution No. 2005-39
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Section : The revision to the Height Variation Permit is warranted since the
structure is not located on a ridge or promontory. The subject property is located within
a fully developed single-family residential tract. The tract is not located on a ridge or a
promontory, as defined in the Municipal Code.
Section 4: The revision to the Height Variation Permit is warranted since the
proposed roof deck complies with all other code requirements, in as much as the
proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes
Municipal Code. Additionally, it is found that even though the existing residence does
not meet the front or side setback, Municipal Code Section 17.84.060(E) allows the non-
conforming setback to remain.
Section : The revision to the Height Variation Permit is warranted since the
roof deck is compatible with the immediate neighborhood character. Based on an
analysis of the area, which is readily visible from the right of way, it is found that the
proposed roof deck is consistent with the character of the immediate neighborhood
since it is designed to blend into the existing streetscape.
Section 6: The revision to the Height Variation Permit is warranted since the
roof deck does not result in an unreasonable infringement of the privacy of the
occupants of abutting residences. Since this roof deck looks into the front yards of the
surrounding properties, it does not create a new impact to the privacy of the other
homes in the area.
Section 7: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040,
17.76.040(H) and 17.80.070 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 September 7, 2005.
Section 8: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves the revision
to the Height Variation to allow the conversion of a pitched roof area on the southwest
corner of the residence to a 280 square foot roof deck (Case No. ZON2005-00315);
subject to the conditions contained in Exhibit W, attached hereto and made a part
hereof, which are necessary to protect the public health, safety and welfare in the area.
P.C. Resolution No. 2005-39
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PASSED, APPROVED AND ADOPTED this 23d day of August 2005, by the following
vote:
AYES: GOLIDA, KARP, MUELLER, PERESTAM, KNIGHT
NOES:NONE
ABSTENTIONS: NONE
ABSENT: GERSTNER, TETREAULT
J
aul TiAieault,
Chairman
el Jas, AI
eUcrirect r of PlaftniDg, Building and Code Enforcement; and,
t,
ary to the Planning Commission
P.C. Resolution No. 2005-39
Page 3 of 4
Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2005-39)
Revision to a Height Variation (Case No. Z 20 -00315)
1. The approval of the revision to a Height Variation Permit is to allow the
conversion of a pitched roof area on the southwest corner of the residence to a
280 square foot roof deck, which takes access from the third floor of the
residence.
2. Approval of this revision to a Height Variation shall not be construed to mean any
waiver of applicable and appropriate zoning regulations, or any Federal, State,
County, and City laws and regulations. Unless otherwise expressly specified, all
other requirements of the City of Rancho Palos Verdes Municipal Code shall
apply.
3. The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void.
4. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the "plan check" review process, pursuant to Section
17.86.070 of the City's Development Code. This approval shall become null and
void if, after initiating the "plan check" review process, or receiving a building
permit to begin construction, said "plan check" or permit is allowed to expire or is
withdrawn by the applicant.
5. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions.
6. Unless modified herein, all conditions of approval set forth in P.C. Resolution No.
2004-45 shall be complied with at all times.
7. The deck shall have a maximum height of 22', as measure from the lowest grade
adjacent to the foundation/slab to the top of rail and 13', as measured from the
highest existing grade covered by structure to the top of rail.
P.C. Resolution No. 2005-39
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