RPVCCA_CC_SR_2011_08_02_F_Eliminate_Condition_Of_Approval_28105_Golden_MeadowCITY OF RANCHO PALOS VERDES
TO:
FROM:
DATE:
HONORABLE MAYOR &CITY COUNCIL MEMBERS ~
JOEL ROJAS,AICP,COMMUNITY DEVELOPMENT DIRECTO~~
AUGUST 2,2011
SUBJECT:REQUEST TO ELIMINATE A 1991 CONDITION OF APPROVAL,
THEREBY ALLOWING NEW RAILING TO REMAIN AT THE
PERIMETER OF AN EXISTING DECK FOR THE PROPERTY
LOCATED AT 28105 GOLDEN MEADOW (CASE NO.ZON'2010-
00386)
REVIEWED:CAROLYN LEHR,CITY MANAG~
Project Manager:Leza Mikhail,Associate Planner ~
RECOMMENDATION
Adopt Resolution No.2011_,thereby approving a request to eliminate Condition NO.5 of
City Council Resolution No.91-44 and allowing a deck railing to be located at the edge of
an existing second-story deck at the property located at 28105 Golden Meadow Drive.
DISCUSSION
On July 19,2011,the City Council approved the Applicant's request on a 3-2 vote to
eliminate Condition No.5 of City Council Resolution 91-44.Removal of Condition No.5
allows the applicant the ability to maintain a deck railing along the perimeter of an
existing second-story deck,as opposed to the previously conditioned deck railing which
was permitted approximately 10 feet from the west edge of the deck.Staff has prepared
the appropriate resolution memorializing the City Council's July 19,2011 decision.Staff
has included a requirement of the Applicant to submit structural drawings to the City's
Building and Safety Plan Check Division within 30 days (by September 1,2011).In
addition,Staff issued a correction notice to the property owners requiring them to
provide caution tape across the deck surface until the City Council takes final action (by
adopting the attached resolution),and the deck is proven to be structurally stable to the
satisfaction of the City's Building Official.This requirement is also memorialized in the
attached resolution.
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C.C.RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES APPROVING A REQUEST TO ELIMINATE CONDITION NO.5 OF
CITY COUNCIL RESOLUTION NO.91-44,THEREBY ALLOWING A DECK
RAILING TO BE LOCATED AT THE EDGE OF AN ENXISTING SECOND-
STORY DECK AT THE PROPERTY LOCATED AT 28105 GOLDEN MEADOW
WHEREAS,on July 2,1991,the City Council denied an appeal and upheld the Planning
Commission's decision to approve a second story addition and deck with a specific condition of
approval to limit the usable area of the proposed deck to be in line with the first floor addition
below;and,
WHEREAS,on March 18,2010,the applicant applied for and was issued a Building
Permit (BLD201 0-00180)to install a deck railing that measured 90 lineal feet,and the permit
was finaled on March 23,2010,even though the Building Permit did not comply with the
aforementioned condition;and,
WHEREAS,on May 3,2010,the City's Code Enforcement Division received a complaint
that a new deck railing had been installed that did not comply with the requirements of City
Council Resolution No.91-44;and,
WHEREAS,the property owner of28105 Golden Meadow submitted a revision request
to the Community Development Department requesting that the City Council eliminate Condition
NO.5 of City Council Resolution No.91-44;and,
WHEREAS,on March 7,2011,a public notice was sent to all property owners within a
500 foot radius of the subject property and subsequently was published in the Peninsula News
on March 10,2011;and,
WHEREAS,the proposed project is exempt from the provisions of the California
Environmental Quality Act (CEQA),under Article 19,Section 15303(e)(2)(additions)of the
California Guidelines for Implementation of CEQA.Specifically,the modification to the deck
railing falls within the exemption for a minor alteration to an existing structure.Further,the
property is in an area where all public services and facilities are available,and the property is
not located in an environmentally sensitive area.As such,this project has been determined to
fall within the aforementioned exemption;and,
WHEREAS,the City Council held a duly noticed public hearing on April 5,2011,at which
time all interested parties were given an opportunity to be heard and present evidence;
WHEREAS,the City Council continued the public hearing to a date uncertain;
WHEREAS,on June 20,2011,as a result of continuing the public hearing to a date
uncertain,a new public notice was sent to all property owners within a 500 foot radius of the
subject property and subsequently was published in the Peninsula News on June 23,2011;
WHEREAS,the City Council held a dUly noticed public hearing on July 19,2011,at
which time all interested parties were given an opportunity to be heard and present evidence;
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NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND,DETERMINE,AND RESOLVE AS FOLLOWS:
Section 1:The request to eliminate Condition NO.5 of City Council Resolution No.91-
44 is approved,and the deck railing shall be permitted around the perimeter of the entire
existing deck subject to the conditions of approval in the attached Exhibit 'A',which are attached
hereto and incorporated herein by this reference.
Section 2:The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED,APPROVED,AND ADOPTED this 2nd day of August 2011.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles )ss
City or Rancho Palos Verdes )
I,Carla Morreale,the City Clerk of the City of Rancho Palos Verdes,do hereby certify
that the above Resolution No.2011-_was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on August 2,2011.
City Clerk
C.C.Resolution No.2011-
Page 2
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Exhibit "A"
Conditions of Approval
(Revision to Resolution No.91-44)
General
1.The property owner shall be permitted to install and maintain a railing around the
perimeter of the existing second story deck and balcony,provided that it is subject
to review and approval by the Building Official and meets the minimum standards of
the California Building Code for a deck/balcony structure,and the property owner
submits proof that the last ten feet of the structure was,or will be,structurally
designed to be used as a deck/balcony surface.
2.The property owner shall not use the last ten feet of the existing deck/balcony that is
allowed by this approval until said area is proven to be structurally stable to the
satisfaction of the City's Building Official.Until the Building Official has approved the
use of said area as a deck,the property owner shall install a temporary barrier that
shall prohibit persons from accessing the last ten feet of the existing deck/balcony.
3.The property owner shall submit plans into Building and Safety Plan Check and
obtain a Building Permit for the additional deck/balcony area,within 30 days of the
date of this approval (by September 1,2011),to address the items listed in
Condition Nos.1 and 2 above.
C.C.Resolution No.2011-
Page 3
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