PC RES 1994-008 P.C. RESOLUTION NO. 94 - 08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 370 FOR A 5'- 8" FOOT ENCROACHMENT INTO
THE REQUIRED 20'-0" FOOT FRONT YARD SETBACK
AREA AT 4232 EXULTANT DRIVE.
WHEREAS, on January 18, 1994, the applicants, Mr. and Mrs.
Purvis, submitted a Variance No. 370 for a 380 square foot addition
to encroach 12'- 0" into the required 20'- 0" front yard setback
and after input from the Planning Commission during the public
hearing, the project was re-designed so that it would only encroach
5'-8" into the front setback area at the property located at 4232
Exultant Drive; and,
WHEREAS, after notice issued pursuant to the requirements of
the Development Code, a public hearing was held at the meetings of
February 22 , 1994, and March 8, 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 exceptional or extraordinary
circumstances which apply to this property which do not apply
generally to other property in the same zoning district, since the
west (front) elevation of the home already encroaches 4'- 0" into
the required twenty (20' ) foot front setback area and the other
homes on Exultant Drive respect the required minimum 20' front
setback.
Section 3 : That the Variance is 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
other property owners can make minor improvements to their home and
develop 50% of the lot, and the applicants minor 254 sq. ft.
addition would bring the total lot coverage to 42 .7%.
Section 4: That the granting of the Variance would not 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 proposed addition would not extend beyond the
building line of the already intruding front (west) elevation. The
addition would not exceed 16' height limit, and the three new
windows would make the facade more architecturally compatible with
the existing residence.
Section 5: That the granting of the Variance would not be
contrary to the objectives of the General Plan since the
encroachment and appearance of the addition would not create an
adverse visual impact from the surrounding properties.
Section 6: For the foregoing reasons and based on the
information included in the Staff Report and other records of
proceedings, the Planning Commission of the City of Rancho Palos
Verdes hereby approves Variance No. 370 for the a 5'- 8" foot
encroachment into the required 20'- 0" foot front yard setback area
for the property located at 4232 Exultant Drive, subject to the
condition of approval in the attached Exhibit "A" , which are
necessary to preserve and protect the public health, safety and
welfare.
PASSED, APPROVED, and ADOPTED this 22th day of March 1994.
—001111,
Gilbert Alberio,
Chairman
Bret : . Ber =rd, A CP
Direc or of Planni g, Building,
and Code Enf orcem=nt; and,
Secretary to the planning Commission
P.C. Resolution No. 94 -8
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Exhibit "A"
1. The property owner shall submit a notarized Covenant to
Protect Views to the Department of Planning, Building and Code
Enforcement, prior to submittal to the Building and Safety
Division for plan check.
2 . The following minimum setbacks shall be maintained for the
addition:
front yard : 14'- 4" CRITICAL, CERTIFICATION REQUIRED
side yard : 5'- 0" minimum each side
rear yard : 15'- 0"
3 . The maximum eave projections shall not exceed 4" per each one
foot of required setback area.
4. The addition shall not exceed a maximum height of 16'-0" .
5. The lot shall maintain a minimum of 50% open space.
6. The addition shall be constructed in substantial conformance
to the approved set of plans stamped as received on February
28, 1994.
kkdsk#8res.370
P.C. Resolution No. 94 - 8
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