PC RES 1994-007P.C. RESOLUTION NO. 94 -07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING VARIANCE
NO. 362 FOR AFTER -THE -FACT CONSTRUCTION OF
ACCESSORY STRUCTURES OVER AND EXTREME SLOPE AT
5930 MONTEMALAGA DRIVE.
WHEREAS, on June 25, 1993, the applicants, Mr. and Mrs. Ramos,
submitted a Variance No. 362 for after -the -fact approval of two
decks, a gazebo and spa, located in an extreme slope in the rear
property at 5930 Montemalaga Drive; and,
WHEREAS, after notice issued pursuant to the requirements of
the Development Code, a public hearing was held on January 25,
1994, before the Planning Commission of the City of Rancho Palos
Verdes, 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: That pursuant to the provisions of the California
Environmental Quality Act, (CEQA) and the City's local CEQA
guidelines, the proposed project has been found to be categorically
exempt (Class III).
Section 2: That there are no exceptional or extraordinary
circumstances which apply to this property which do not apply
generally to other property in the same zoning district, since the
overall lot size, the amount of level area available for the
development and the configuration of the slope in the rear yard is
similar to the other properties on Montemalaga Drive. In addition,
the lack of level rear yard area available to accommodate the
decks, gazebo and spa, is a self-imposed hardship, and is not
adequate justification for granting the Variance.
Section 3: That the Variance is not necessary for the
preservation and enjoyment of a substantial property right of the
applicant, and that this right is possessed by other property
owners under like conditions in the same zoning district, since the
other properties in the area do not have similar, permitted
structures within the extreme slope area. Furthermore, the
acessory structures create more usable rear yard area than the
adjoining properties, and granting the Variance would allow the
landowners a privilege that is not currently enjoyed by the
adjacent neighbors.
Section 4: That the granting of the Variance would be
materially detrimental to the public welfare or injurious to the
property and improvements in the area in which the property is
located, since the height and scale of the project results in a
loss of privacy currently and creates an adverse visual impact to
the adjacent property owners on Montemalaga Drive.
Section 5: That the granting of the Variance would be
contrary to the objectives of the General Plan since the size and
appearance of the accessory structures would not be compatible with
the existing development patterns found in the area.
Section 6: For the foregoing reasons and based on the
information and findings included in the Staff Report and records
of proceedings, the Planning Commission of the City of Rancho Palos
Verdes hereby denies Variance No. 362 for after -the -fact
construction of two decks, a spa and gazebo over an extreme slope
and orders the landowner to remove the accessory structures within
4i%—e--ty ( 90 ) days of the City's action becoming final.
PASSED, APPROVED, and ADOPTED this 25th day of January 1994.
Gilbert Alberio
Chairman
Bret IV Byrnard AICP
Director of Pluning, Building,
and Code Enforcement and
Secretary to the Commission
P.C. Resolution No. 94 -07
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