PC RES 2001-004P.C. RESOLUTION NO. 2001-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING VARIANCE NO. 480 FOR THE
CONSTRUCTION OF A POOL AND SPA WITH RELATED FENCING AND
EQUIPMENT ONTO AN EXTREME SLOPED AREA OF 37%, WHERE THE
CITY'S DEVELOPMENT CODE PROHIBITS CONSTRUCTION ON AN
EXTREME SLOPE (35% OR GREATER), FOR PROPERTY LOCATED AT
30822 RUE DE LA PIERRE.
WHEREAS, on September 28, 2000, the applicant, Steiner Bros. Construction
representing landowners Hector and Karen Sartori, submitted Variance No. 480, requesting
approval to construct a pool and spa into an extreme slope in the rear yard area between
the residence and Rue de la Pierre, and,
WHEREAS, on October 17, 2000, the application was deemed incomplete pending
the submittal of additional information and clarification of the project; and,
WHEREAS, upon submittal of the additional information on February 22, 2001, the
application 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 Regulation, 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 Variance No. 480 would have a significant effect
on the environment and, therefore, the proposed project has been found to be categorically
exempt under Class 3 (New Construction) since the project involves a pool, spa, and
related equipment and fencing, and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on March 27, 2001, 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
Section 1: The project site is not subject to exceptional or extraordinary
circumstances or conditions which do not apply generally to other properties in the RS -4
zoning district. The subject property is a sloping lot, which is consistent with other
properties in the area, the property contains an extreme slope which is subject to the same
restrictions as all other extreme slopes in the City; and existence of an extreme slope on
the lot is not an exceptional or extraordinary circumstance.
Section 2: The variance is not necessary for the preservation and enjoyment of
a substantial property right, since the property is currently developed with a single-family
residential structure Further, a pool is a private outdoor recreational use that is incidental
to the residential use of the property, and not a primary allowable use Additionally, the
restrictions associated with the extreme slope make such an incidental use impractical on
the subject property.
Section 3: The requested variance would not be materially detrimental to the
public welfare because construction of the proposed project would be consistent with the
construction plans and soils reports approved by the Building and Safety Division Further,
the required minimum 5 -foot -high fencing would be constructed around the pool.
Section 4: The variance would not be contrary to the objectives of the General
Plan or the policies and requirements of the Coastal Specific Plan The development of
accessory structures (i.e , pool and spa) for a single-family residence is consistent with this
underlying land use designation since the Development Code allows for such structures to
be constructed as an ancillary use to the residential use of the property. Further, the
purpose of the RM 2 — Extreme Slopes Section of the General Plan is to protect and
maintain natural land forms, where this parcel is a manufactured slope.
Section 5: 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 denies Variance No 480 for the
construction of a pool, spa, and related equipment and fencing into the extreme slope at
the rear yard area of the subject site, between the residence and Rue de la Pierre
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 17.80 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 fifteen (15) days following March 27, 2001,
the date of the Planning Commission's final action.
P C Resolution No. 2001-04
Page 2
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PASSED, APPROVED, AND ADOPTED this 27th day of March 2001, by the following vote:
AYES: Cartwright, L6ng, Lyoft; Mueller, Vannorsdall
NOES Clark
ABSTENTIONS Paulson
ABSENT None
Joel Hpjas, AICD
I
Dkrectfir of PIanVing Building and
e
Co"dKEnforcem and, Secretary
to the Planning Commission
7xt,oi
Frank Lyon
Planning Commission Chairman
P C Resolution No 2001-9A
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