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CC RES 2021-039 RESOLUTION NO. 2021-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING AN APPEAL AND DENYING, WITHOUT PREJUDICE, A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY FOR THE CONSTRUCTION OF A NEW 305 FT2 THIRD-STORY ADDITION AND CONSTRUCTION OF A 881 FT2 ROOF DECK AT 30137 AVENIDA TRANQUILA (CASE NO. PLSR2019-0365). WHEREAS, on November 8, 2019, the Applicant submitted a Site Plan Review with Neighborhood Compatibility application (Case No. PLSR2019-0365) to the Community Development Department requesting approval to construct a 305 ft2 third- story addition and construction of an 881 ft2 roof deck at 30137 Avenida Tranquila; and, WHEREAS, on December 6, 2019, Staff completed an initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans; and, WHEREAS, on November 23, 2020, the Applicant submitted a silhouette certification for the revised design, and on December 21, 2020, Staff deemed the application complete for processing, and, WHEREAS, on February 19, 2021, the Director of Community Development approved, with conditions, a Site Plan Review with Neighborhood Compatibility (Case No. PLSR2019-0365); and, WHEREAS, on February 19, 2021, the Notice of Decision was provided to the Applicant and interested parties, commencing the 15-day appeal period from the date the application was approved; and, WHEREAS, on March 4, 2021, a timely written appeal of the Director's approval was filed; and, WHEREAS, on April 24, 2021, pursuant to Rancho Palos Verdes Municipal Code (RPVMC) §17.80.090, a public notice announcing the Planning Commission's consideration of the appeal on May 11, 2021, was provided to the Applicant, the Appellant and other interested parties, and published in the Palos Verdes Peninsula News; and, WHEREAS, on May 11, 2021, the Planning Commission conducted a public hearing to consider the appeal of the Director's approval and subsequently adopted P.0 Resolution No. 2021-07, thereby denying the appeal and upholding the Director's decision to approve the requested Site Plan Review with Neighborhood Compatibility; 111 and, Resolution No. 2021-39 Page 1 of 3 WHEREAS, on May 12, 2021, a Notice of Decision was provided to the Applicant and interested parties, commencing the 15-day appeal period from the date the application was approved; and, WHEREAS, on May 26, 2021, a timely written appeal of the Planning Commission's denial of the appeal and approving of the project was filed by the Appellant, who resides at 30148 Avenida Tranquila, which is located north of the project site; and, WHEREAS, on August 3, 2021, the City Council held a duly-noticed public hearing, and after considering evidence presented into the record including public testimony, granted the appeal request to overturn the Planning Commission's denial of an appeal and denied the proposed project, without prejudice, and directed staff to bring back a resolution memorializing the denial of the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Appellant requests that the City Council overturn the Planning Commission's May 11, 2021 denial of an appeal upholding the Director's decision to approve a Site Plan Review with Neighborhood Compatibility for the construction of a 305 ft2 third-story addition and the construction of a 881 ft2 roof deck, for the, property located at 30137 Avenida Tranquila, in conformance with the Director-approved plans incorporated by reference. Section 2: The City Council is required to make findings for the Site Plan Review application with Neighborhood Compatibility per §17.02.030(B)(3), to construct a 305 ft2 third-story addition and the construction of an 881 ft2 roof deck. The City Council finds that the requested application is not warranted as the proposed project does not comply with all Neighborhood Compatibility findings as it relates to the structure design and incompatibility of the new addition and roof deck with the neighborhood. More specifically, the City Council finds that the roof deck design is excessively large for the neighborhood, and the configuration of the parapet walls and railings easily allows for significant expansion of the roof deck area. Section 3: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6 and RPVMC §17.86.100(B). Section 4: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. 111 Resolution No. 2021-39 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 17th day of August 2021. Eric Ale ria � ayor � or Y ATTEST: eresa a=oka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2021-39, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 17, 2021. CLERK 111 Resolution No. 2021-39 Page 3 of 3