PC RES 1999-022P.C. RESOLUTION NO. -49-2-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING VARIANCE NO. 454 FOR A
340 SQUARE FOOT ROOF DECK TO A NEW SINGLE-FAMILY
RESIDENCE AT 3412 PALO VISTA DRIVE (TRACT 34834/LOT20).
WHEREAS, on July 12, 1977, the Planning Commission approved Conditional
Use Permit No 23 establishing a residential planned development (RPD) comprising of
Tracts 32547, 32991 and 34834, known as Seacliff Hills, with pre -approved building
footprints, and,
WHEREAS, on September 9, 1986, the Planning Commission adopted the
Seacliff Hills Development Guidelines, later amended on August 23, 1989, establishing
design standards for the aforementioned tracts that allow greater sensitivity and design
flexibility with the construction of custom homes that reflect the unique location and
character of the tracts, and,
WHEREAS, on June 3, 1999, Variance No 454 was submitted to the Planning
Department, requesting approval for a 340 square foot roof deck as part of a new
single-family residence, and,
WHEREAS, on June 4, 1999, the project was deemed complete by Staff; and,
WHEREAS, on June 24, 1999 the required public notice was mailed out to
property owners within a 500' foot radius of the subject property informing them of the
proposed project and the scheduled public hearing Furthermore, a notice was
published in the Palos Verdes Peninsula News on June 26, 1999, and,
WHEREAS, pursuant to the provision of the California Quality Act, Public
Resources Code Section 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 Variance No 454 would have a
significant effect on the environment and, therefore the proposed project has been
found to be categorically exempt (Class 3, Section 15303), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public
hearing on July 13, 1999, at which time all interested parties were given the 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
P C Resolution No 99=22.
Page 1
Section 1: The property is subject to an exceptional circumstance which does
not apply generally to other developments in that the Seacliff Hills Development
Guidelines require upper floor open space such that there are no straight planes on
facades with street frontage, which allows for the use of what the Development Code
defines as a roof deck. Further, other properties in the Seacliff Hills area have utilized
roof decks to adhere to the requirements of the Development Guidelines
Section 2: The variance is necessary for the preservation and enjoyment of a
substantial property right which is possessed by other property owners under like
conditions in the same zoning district since other residences within Seacliff Hills contain
similar features and the Development Guidelines have encouraged such features for
years prior to the roof deck prohibition.
Section 3: The granting of the variance will not be materially detrimental to the
public welfare or injurious to property and improvements in the area in which the
property is located in that roof decks have been utilized throughout the development to
mitigate flat facades and avoid structures that appear to be bulky and massive Further,
the roof deck will not alter the character of the existing neighborhood
Section 4: The variance will not be contrary to the objectives of the General
Plan or the policies and requirements of the Coastal Specific Plan in that the roof deck
complies with the requirements of the Seacliff Hills Development Guidelines and is a
feature that has been routinely permitted in the Seacliff Hills area for years prior to the
roof deck prohibition Further, the subject property is not located within the City's
Coastal Specific Plan
Section 5: 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 Variance
No 454, thereby approving a 340 square foot roof deck created by a portion of the
proposed balcony located over enclosed habitable space on the lower level
Section 6: Any interested party 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
PC Resolution No 99-22
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PASSED, APPROVED, AND ADOPTED this 13th day of July, 1999, by the following
vote
AYES Alberto, Cartwright, Clark, Lyon, Slayden
NOES Paris
ABSENTATION. None
ABSENT Vannorsdall
Joel RVjas, A, ICP
Directjr of Planning, u Iding
an.dffode Enforceme , and,
Secretary to the Planning Commission
on S Cartwright
Chairman
P C Resolution No 99-22,,
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