PC RES 1999-0271
P.C. RESOLUTION NO. 99-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING THE APPEAL
AND THEREBY UPHOLDING THE DIRECTOR'S RE -
ISSUANCE OF HEIGHT VARIATION NO. 827 AND GRADING
PERMIT NO. 1887 FOR A NEW, SINGLE-FAMILY
RESIDENCE AT 7455 ALIDA PLACE
WHEREAS, on July 9, 1996, the project applicant, Magda Kispal, submitted
applications to the Planning, Building and Code Enforcement Department for Height
Variation No. 827 and Grading Permit No 1887 for a new, single-family residence at 7455
Alida Place, and,
WHEREAS, on June 9, 1998, the Planning Commission adopted P.C. Resolution
No 98-23, thereby approving Height Variation No 827 and Grading Permit No 1887 on
appeal, and,
WHEREAS, on December 9, 1998, the approval of Height Variation No. 827 and
Grading Permit No 1887 expired because Mrs Kispal did not submit plans into Building
and Safety plan check, nor did she submit a written request for the extension of Height
Variation No. 827 and Grading Permit No 1887, by that date, and,
WHEREAS, on June 8, 1999, Mrs Kispal requested the re -issuance of Height
Variation No 827 and Grading Permit No. 1887, pursuant to Section 17 86.070(D) of the
Rancho Palos Verdes Development Code, 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 re -issuance of Height Variation No 827 and
Grading Permit No 1887 would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Section
15303(a)), and,
WHEREAS, on June 15, 1999, the Director of Planning, Building and Code
Enforcement considered and granted the applicant's request for the re -issuance of Height
Variation No. 827 and Grading Permit No 1887, pursuant to Section 17 86.070(D) of the
Rancho Palos Verdes Development Code, and caused a notice of said decision to be
distributed to all interested parties in this matter; and,
WHEREAS, on June 24, 1999, the Director's decision in this matter was appealed
to the Planning Commission by Jane Botello, Harold Reaves and Ken Nishide, the owners
of the properties at 7400, 7435 and 7440 Alida Place, respectively, 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 August 10, 1999, 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: The Planning Commission hereby upholds the Director's decision and
grants the re -issuance of Height Variation No 827 and Grading Permit No 1887, pursuant
to Section 17 86 070 of the Rancho Palos Verdes Development Code and subject to the
conditions of approval of P C Resolution No 98-23, based upon the following findings of
fact:
A. No changes have been made or will be made to the plans originally approved by
the Planning Commission on June 8, 1998, except for those design changes
required by Condition No 8 of P C Resolution No 98-23
B As of the effective date of this Resolution, the development permit applications have
not been null and void for more than one year from their original date of expiration
(December 9, 1998)
C A fee of six hundred ninety-five dollars ($695 00), equivalent to one-half of the
original application fee, has been paid by the applicant.
The re -issuance of the approval Height Variation No 827 and Grading Permit No 1887
will become null and void after one hundred eighty (180) days/six (6) months from the
original date of the Director's decision unless stamped plans are submitted to the Building
and Safety Division to initiate the plan check review process This approval will also
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 and/or landowner The expiration date for the re -issuance of
this approval is December 15, 1999. If this re -issued approval is allowed to expire by the
applicant and/or landowner, it shall not be re -issued again under Section 17.86.070 of the
Rancho Palos Verdes Development Code.
Section 2: The Planning Commission finds that the appeal of the Director's
decision in this matter is without merit for the following reasons
A. The re -issuance of Height Variation No 827 and Grading Permit No 1887 is
consistent with the current Development Code, even though the current
Development Code limits the maximum structure size in the RS -4 district to five
P C Resolution No 99-27
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thousand square feet (5,000 ft2), which is smaller than the 7,333 -square -foot
structure that was approved in 1998 under the standards of the previous
Development Code The current Development Code standards became effective
on May 15, 1997 with the enactment of Ordinance No. 320 Section 9 of Ordinance
No 320 states that "[the] rights granted under the terms of Title 16 and 17 of the
Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance
shall apply to all development applications submitted prior to the effective date of
this ordinance " The applications for Height Variation No 827 and Grading Permit
No 1887 were originally submitted to the City on July 9, 1996. Therefore, they
were entitled to be reviewed under the substantive provisions of the previous
Development Code, which did not establish a limit on structure size for new, single-
family residences In addition, the review of the request to re -issue the approvals
of Height Variation No 827 and Grading Permit No. 1887 only required the Director
to determine that there had been no change in the approved plans, not that there
had been no change in the Development Code requirements.
B. The applicant is entitled to request the re -issuance of Height Variation No 827 and
Grading Permit No 1887 under Section 17 86 070(D) of the current Development
Code, even though there were no equivalent procedural provisions for the re -
issuance of expired approvals under the previous Development Code The current
Development Code standards became effective on May 15, 1997 with the
enactment of Ordinance No 320. Section 8 of Ordinance No. 320 states that "[the]
rights given by any approval granted under the terms of Title 16 and 17 of the
Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance
shall not be affected by the amendments to Titles 16 and 17 by this ordinance and
shall continue in effect until they are modified, revoked, expire or are otherwise
terminated according to the terms of the approval or the terms of Title 16 and 17 as
they existed on the day before the effective date of this ordinance " However, the
approval of Height Variation No 827 and Grading Permit No 1887 was granted
after the effective date of Ordinance No 320. As such, it is reasonable to interpret
the procedural provisions of the "new" Development Code as being applicable to
this approval, including the administrative re -issuance procedure established under
Section 17 86 070(D) In addition, the language of Section 17.86.070(D) of the
current Development Code specifies that "[any] development permit deemed null
and void... may be re -issued by the Director," not just those development permits
that were submitted on or after the effective date of Ordinance No 320
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 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 fifteen (15) days following August 10, 1999,
the date of the Planning Commission's final action
P C Resolution No 99-27
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Section 4: 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 denies the appeal and thereby
upholds the Director's re -issuance of Height Variation No 827 and Grading Permit
No 1887 for a new, single-family residence at 7455 Alida Place
PASSED, APPROVED, AND ADOPTED this 10th day of August 1999, by the following
vote*
AYES- Chairman Cartwright, Vice Chairman Lyon, Commissioners Alberio,
Clark, Paris and Vannorsdall
NOES none
ABSTENTIONS none
ABSENT. Commissioner Slayden
Joel Rpjas, AICP
Direct r of Planning,DBIding
QDOode Enforcement; and, Secretary
to the Planning Commission
Chairman
M \Projects\HV827—GR 1887 -Extension (Vispal)\19990810—Reso—PC doc
PC Resolution No 99-27
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