CC SR 20210817 G - Appeal Denial for 30137 Avenida Tranquila
CITY COUNCIL MEETING DATE: 08/17/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to adopt a resolution upholding an appeal and denying,
without prejudice, a Site Plan Review with Neighborhood Compatibility application for the
construction of a new addition and roof deck at 30137 Avenida Tranquila (CASE NO.
PLSR2019-0365)
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES UPHOLDING 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.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Maricela Guillean, Assistant Planner
REVIEWED BY: Ken Rukavina PE, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. 2021- __ (page A-1)
BACKGROUND AND DISCUSSION:
On August 3, 2021, the City Council held a duly noticed public hearing to consider an
appeal of the Planning Commission’s denial of an appeal that upheld the Director of
Community Development’s conditional approval of a Site Plan Review with Neighborhood
Compatibility application for the construction of a new addition and roof deck at 30137
Avenida Tranquila. After considering evidence introduced into the record including public
testimony, the City Council outlined project concerns related to:
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Excessive size of the roof deck and the configuration of the parapet walls and
railings easily allowing for significant expansion of the deck area; and
Incompatibility of new addition and roof deck with the neighborhood
Based on these concerns the City Council could not make the requir ed application
findings and therefore, denied the project, without prejudice, and directed Staff to bring
back a resolution memorializing the denial at the August 17 meeting.
Attached for the City Council’s consideration is a draft resolution memorializing the
adopted motion at the August 3 meeting (Attachment A). If the language in the attached
draft resolution does not reflect the consensus of the City Council’s basis for den ial, the
City Council may clarify the resolution by reading into the record language that more
accurately reflects the City Council’s decision to deny the proposed project.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not approve the resolution.
2. Identify addition resolution language to read into the record.
3. Take other action, as deemed appropriate.
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Resolution No. 2021-__
RESOLUTION NO. 2021-__
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.C
Resolution No. 2021-07, thereby denying the appeal and upholding the Director’s
decision to approve the requested Site Plan Review with Nei ghborhood Compatibility;
and,
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Resolution No. 2021-
Page 2 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, appro val, 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.
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Resolution No. 2021-
Page 3 of 3
PASSED, APPROVED AND ADOPTED this 17th day of August 2021.
_________________________________
Eric Alegria, Mayor
ATTEST:
____________________________
Teresa Takaoka, 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-__, was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on August 17, 2021.
__________________________________
CITY CLERK
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