PC RES 2004-044P.C. RESOLUTION NO. 2004-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES DENYING, WITHOUT PREJUDICE,
A HEIGHT VARIATION (CASE NO. ZON2004-00087), FOR
PROPERTY LOCATED AT 28129 ELLA ROAD.
WHEREAS, on February 25, 2004, the applicant submitted an application for a
Height Variation requesting to construct a 1,246 square foot two-story addition to an existing
2,282 square foot single-family residence On March 26, 2004, staff completed the initial
review of the proposed plans, 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 April 27, 2004, and,
WHEREAS, the Height Variation application was deemed complete by staff on May
27, 2004, and,
WHEREAS, on July 13, 2004, after conducting a duly noticed public hearing, the
Planning Commission continued the request to the regularly scheduled Planning
Commission meeting on August 10, 2004 Additionally, the Planning Commission
requested that the applicant redesign the project to address the issues raised by the
neighbors, staff, and the Planning Commission, and,
WHEREAS, on July 26, 2004, the property owner submitted a letter to the City
granting a 90 -day extension to the Permit Streamlining Act; and,
WHEREAS, on August 10, 2004, the Planning Commission continued the item to
October 12, 2004, to allow the applicant additional time to redesign the proposed project;
and,
WHEREAS, on September 20, 2004, the applicant submitted a revised project that
included revisions to the plate heights and roof pitch, thereby reducing the proposed
structure's height by an additional 4'-0"; and,
WHEREAS, on October 12, 2004, after accepting oral and written testimony and
deliberating on the matter, the Planning Commission found that only eight of the nine
required findings could be made in a positive manner; 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 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 notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
P C Resolution No 2004-44
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hearings on July 13, 2004, August 10, 2004, and October 12, 2004, 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 HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Height Variation is not warranted since there is significant
cumulative view impairment caused by granting the application. Cumulative view
impairment shall be determined by: (a) considering the amount of view impairment that
would be caused by the proposed new structure that is above sixteen feet in height or
addition to a structure that is above sixteen feet in height; and (b) considering the amount of
view impairment that would be caused by the construction on other parcels of similar new
structures or additions that exceed sixteen feet in height. Based on an analysis of the area,
it is found that if 28203, 28211, and 28303 Ella Road were to construct similar size
additions, the resulting view impairment to the properties located at 28327and 28221 Lomo
Drive would be considered significant
Section 2: 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 November 10, 2004
Section 3: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings (dated July 13, 2004,
August 10, 2004, and October 12, 2004), the Planning Commission of the City of Rancho
Palos Verdes hereby denies the Height Variation, without prejudice, (Case No ZON2004-
00087).
PASSED, APPROVED AND ADOPTED this 26th day of October 2004, by the following vote.
AYES: GERSTNER, KARP, MUELLER
NOES NONE
ABSTENTIONS. TETREAULT, PERESTAM
ABSENT. KNIGHT, COTE
-Z(41 /-"N /
Craig Mueller,
Chairman
J4 Rojas ,
o as, RIC
Dirkctof of Plan i , Building and Code Enforcement; and,
Secr ary to the Planning Commission
P.0 Resolution No 2004- 44
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