PC RES 2004-031P.C. RESOLUTION NO. 2004-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A REVISION TO A HEIGHT VARIATION (CASE
NO. ZON2003-00559), THEREBY PERMITTING THE
CONVERSION OF A 350 SQUARE FOOT FLAT ROOF AREA TO
A ROOF DECK, FOR PROPERTY LOCATED AT 44 HEADLAND
DRIVE.
WHEREAS, on February 11, 2003, the Planning! Commission adopted P C
Resolution No. 2003-03, thereby approving, with conditions, a Height Variation (Original
Case No ZON2002-00593). This Height Variation allows the construction of a 3,770
square foot two-story residence and an 850 square foot detached 3 -car garage; and,
WHEREAS, on May 20, 2003, the City Council adopted Ordinance No. 389,
which modified the Development Code to allow roof decks that extend further than 10'
from the adjacent habitable space, subject to the adoption of a neighborhood
compatibility finding. Ordinance No 389 became effective on June 21, 2003; and,
WHEREAS, on October 10, 2003, the applicant submitted an application to
revise the Height Variation requesting to convert 350 square feet of flat roof area into a
roof deck Staff completed the initial review of the proposed plans on October 22, 2003,
at which time the application was deemed incomplete due to missing information on the
project plans and/or applications The applicant submitted the additional information to
the City on May 24, 2004, and,
WHEREAS, on June 8, 2004, the application for Height Variation 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 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, 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 nonce issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on July 27, 2004, 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 -
P C Resolution No 2004-31
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Section 1: That the approved revision to the Height Variation includes the
conversion of a 350 square foot flat roof area to a roof deck
Section 2: The revision to the Height Variation is warranted since the applicant
has complied with the early neighborhood consultation process established by the City
by obtaining 83% of the property owners' signatures within 100 feet and 31% of the
signatures of the property owners within 500 feet of the subject site.
Section 3: The revision to the Height Variation is warranted since the
proposed 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 is warranted since the
proposed structure 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.
Section 5: The revision to the Height Variation is warranted since the
proposed structure is compatible with the immediate neighborhood character. Based on
an analysis of the area, it is found that the proposed structure is consistent with the
character of the immediate neighborhood since it is on the rear side of the residence
and will not alter the appearance of the streetscape.
Section 6: 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 August 11, 2004
Section 7: 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 for conversion of a 350 square foot flat roof area to a
roof deck (Case No. ZON2003-00559), subject to the conditions contained in Exhibit'A',
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 2004-31
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PASSED, APPROVED AND ADOPTED this 27th day of July 2004, by the following vote:
AYES: KARP, GERSTNER, TETREAULT, MUELLER
NOES. KNIGHT, COTE
ABSTENTIONS NONE
ABSENT VAN WAGNER
Craig Mueller,
Chairman
Ott
i Pli-iiia, Bwilgl
P C Resolution No. 2004-31
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-31)
Revision to a Height Variation (Case No. ZON2003-00559)
The approval of revision to a Height Variation is to allow conversion of a 350
square foot flat roof area to a roof deck. More specifically, this approval allows
for a 350 square foot roof deck on the northeast corner of the residence, which is
originally approved as flat roof.
2. Approval of this 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 Permitted hours of construction are 7.00 a.m. to 7:00 p m. Monday through
Saturday No work is permitted on Sundays or legal holidays
7. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department
8 The construction site, adjacent public and private properties shall be kept free of
all loose materials resembling trash and debris in excess of that material used for
immediate construction purposes Such excess material may include, but not be
limited to the accumulation of debris, garbage, lumber, scrap metal, concrete
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
9. In the event that a Planning requirement and a Building & Safety requirement are
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in conflict with one another, the stricter standard shall apply.
10. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction
11. The proposed roof deck shall have a maximum height of 16', as measured from
the adjacent grade to the top of rail. (Proposed 14')
12 All conditions of approval set forth in P.0 Resolution No 2003-03, which remain
in force and full effect, shall be complied with at all times.
P C Resolution No 2004-31
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