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PC RES 2001-0060 0 IX*Ita:9197g1we1►1►150w liiyQUI:? A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 483 AND COASTAL PERMIT NO. 171 FOR THE ENCLOSURE OF AN EXISTING 120 SQUARE FOOT COVERED PATIO AT THE REAR OF THE EXISTING RESIDENCE THAT IS PARTIALLY LOCATED WITHIN THE COASTAL SETBACK ZONE, THAT WILL MAINTAIN THE EXISTING MINIMUM 10 - FOOT REAR YARD SETBACK WHERE THE DEVELOPMENT CODE REQUIRES A 15 -FOOT MINIMUM SETBACK, LOCATED AT 4125 MARITIME ROAD, WHICH IS WITHIN THE APPEALABLE AREA OF THE CITY'S COASTAL ZONE. WHEREAS, on June 24, 1987, Minor Exception Permit No. 244 and Coastal Permit No. 28 were approved for a 20% reduction in the 25 -foot Coastal Structure Setback to accommodate a 396 square foot addition; and, WHEREAS, on March 10, 1992, the Planning Commission approved Variance No 321 and Coastal Permit No 110 for a 250 square foot expansion to the living room, which is located in the Coastal Setback Zone, and, WHEREAS, on February 22, 2001, the property owner, Ron Maricich, submitted an application for Variance No. 483, requesting approval for a 120 square foot patio deck enclosure at the rear of the structure that would encroach 5 feet into the required 15 -foot rear yard setback, and, WHEREAS, on February 27, 2001, the application was deemed incomplete pending the submittal of additional information; and, WHEREAS, on March 12, 2001, Coastal Permit No 171 was submitted to augment Variance No. 483; and, WHEREAS, on April 2, 2001, Variance No 483 and Coastal Permit No 171 were 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 483 and Coastal Permit No. 171 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Existing Structures) since the project involves an addition to an existing residential structure; 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 April 24, 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 subject to exceptional or extraordinary circumstances or conditions which do not apply generally to other properties in the RS -5 zoning district, and the project site is different from other properties in the neighborhood in a material way. Since the property contains a non -conforming structure due to the configuration of the existing structure on the lot, and the location of the Coastal Setback Line and Coastal Structure Setback Line traversing the subject property, feasible locations to add to the existing residence are limited Section 2: The variance is necessary for the preservation and enjoyment of a substantial property right which is possessed by other property owners since other properties are not affected by the Coastal Setback Lines. Further, other properties can accommodate additions to the residential structures without encroaching into the required setback areas. Section 3: The granting of the variance will not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located The structure currently maintains non -conforming setbacks, and the enclosure will follow the existing setbacks of the covered patio deck, which is a minimum 10 -feet and maximum 13'6". Further, the location of the enclosure is the most feasible location since the area does not effect lot coverage, and the enclosure will not further reduce the existing setback Lastly, other parcels in the Portuguese Bend Club have been granted variances for similar requests for reductions in the setback requirements. Section 4: The variance is not contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan in that the enclosure will not be detrimental to the public welfare, or injurious to property and improvements in the area since the additional floor area will be accommodated by enclosing an existing covered patio deck and will not further reduce any of the existing setbacks or lot open space Section 5: The proposal is consistent with the City's Coastal Specific Plan since the addition will not alter the existing primary use or density of the property, and will be consistent with the residential uses in the area Section 6: The corridor element of the City's Coastal Specific Plan indicates there is no current or future coastal access through the subject property, nor are there any infrastructure easements or rights-of-way on the property that might be used for coastal access Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning P C Resolution No 2001-06 Page 2 of 3 0 0 Commission of the City of Rancho Palos Verdes hereby approves Variance No. 483 and Coastal Permit No 171 for the enclosure of an existing 120 square foot covered patio at the rear of the existing residence following the existing rear yard setback of the covered patio deck, subject to the conditions contained in Exhibit "A" attached hereto. Section 8: 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 April 24, 2001, the date of the Planning Commission's final action PASSED, APPROVED, AND ADOPTED this 24th day of April 2001, by the following vote AYES Cartwright, Clark, Lyoft-ioMueller, Paulson NOES None ABSTENTIONS: Long ABSENT Vannorsdall iopi Kpias, AICP Dikc-J6r of Plann Iuilding and Code Enforcemen nd, Secretary to the Planning Commission Frank Lyon' P C. Resolution No 2001- 06 Page 3 of—3