PC RES 1994-034 t 1
P.C. RESOLUTION NO. 94-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 376 FOR CONSTRUCTION OF A 244 SQUARE FOOT
ADDITION TO ENCLOSE AN EXISTING COVERED PATIO
AREA THAT ENCROACHES 4.25 FEET INTO THE
REQUIRED REAR YARD SETBACK AREA ON PROPERTY
LOCATED AT 4181 MARITIME ROAD
WHEREAS, on May 24, 1994, the applicant submitted Variance No.
376 and Coastal Permit No. 123 to the City, and on June 24, 1994,
the applications were deemed complete for construction of a 244
square foot addition to enclose an existing covered patio area that
encroaches 4.25 feet into the required rear yard setback area; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act (CEQA) , and local CEQA guidelines, the
proposed project has been found to be categorically exempt (Class
III) ; and,
WHEREAS, pursuant to the requirements of the City's
Development Code, the Planning Commission of the City of Rancho
Palos Verdes held a public hearing on July 26, 1994, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: That there are exceptional or extraordinary
circumstances or conditions applicable to the property involved or
to the intended use of the property, which do not apply generally
to other property in the same zoning district since no variance was
required by Los Angeles County at the time the home and related
appurtenances were constructed, and the existing covered patio in
the rear yard was built, with permits, in the required setback
area. Additionally, when compared with other properties in the RS-
5 zoning district, the subject property issubstandard in size.
Although the existing lot coverage exceeds the minimum requirement
of 47. 5 percent, it is consistent with what would otherwise be
required if the subject property met the minimum Development Code
standards with respect to size.
Section 2 : That such a Variance is necessary for the
preservation and enjoyment of a substantial property right, which
right is possessed by other property owners under like'ke conditions
in the same zoning district since there are many other properties
and structures in the lower Portuguese Bend Club area which located
wholly or partially within the Coastal Setback Zone which have been
granted permission to add new habitable area and new plumbing
P.C. Resolution No. 94-34
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fixtures. Additionally, due to the reduced size of the lots in the
Bend Club area, many of these previously approved additions
encroach into the required setback areas and result in the
reduction in open space below the minimum Code requirements. For
these reasons, the Planning Commission finds that the request to
enclose an existing covered patio area, which does not result in
any additional lot coverage or new construction further into the
required rear setback area, is necessary for the preservation and
enjoyment of a substantial property right, which right is possessed
by other property owners located in the lower Portuguese Bend Club
area within the Coastal Zone.
Section 3: That the granting of the Variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property is
located since the subject property is served by a sewer system, and
the relocated bathroom fixtures and new plumbing resulting from the
proposed spa will be adequately served by the sewer system.
Additionally, the proposed addition will not result in any view
impairment from any surrounding property, nor will it be visible
from the street. Finally, the landowner will be required to comply
with all requirements and recommendations, if any, of the City's
Geologist and Division of Building and Safety.
Section 4: That the granting of such a Variance will not
be contrary to the objectives of the General Plan or the policies
and requirements of the Coastal Specific Plan since the subject
property will continue to be used for single family purposes. The
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proposed project is also consistent with the requirements of the
Coastal Specific Plan since the property will continue to be used
for single family residential purposes, the project will not
increase lot coverage or further reduce any required setback area
or create an unsafe condition, and, although the subject property
is located between the sea and the first public road, the City's
Coastal Specific Plan and Conceptual Trails Plan do not require
public access across or adjacent to this property.
Section 5: The time within which judicial review of the
decision reflected in this Resolution, if available, must be sought
is governed by Section 1094. 6 of the California Code of Civil
Procedure.
Section 6: For the foregoing reasons and based on the
information and findings contained in the Staff Report and records
of the proceedings, the Planning Commission hereby approves
Variance No. 376 for construction of a 244 square foot addition to
enclose an existing covered patio area that encroaches 4 .25 feet
into the required rear yard setback area on property located at
4181 Maritime Road, subject to the Conditions of Approval contained
in the attached Exhibit "A" which are necessary to protect the
public health, safety, and welfare.
P.C. Resolution No. 94- 34
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PASSED, APPROVED, and ADOPTED this 26th day of July 1994.
Gilbert Alberio
Chairman
Air
r w1001P.- 7
Bret 8-, nar• , AICP, Director
of Pl.nni g, ilding, and Code
Enforcement; and, Secretary to the
Planning Commission
P.C. Resolution No. 94- 34
Page 3 of 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 376
4181 MARITIME ROAD
1. Approval of this application is contingent upon approval of
Coastal Permit No. 123 by the City and/or by the California
Coastal Commission (if appealed) .
2 . Within fifteen (15) days following approval of this project,
the owner shall submit a statement, in writing, that they have
read, understand, and agree to all Conditions of Approval
contained in this Exhibit. Failure to submit said statement
shall render this approval null and void.
3 . Prior to submittal of plans to the Division of Building and
Safety for plan check, the owners shall submit to the City a
Covenant to Maintain Property to Protect Views.
4 . Construction shall substantially conform to the plans stamped
as received by the City on June 23, 1994.
5. Setbacks for the new construction shall be maintained as
follows:
Rear: 10.75 feet on the eastern side and
12 . 50 feet on the western side
Side: 5 feet
6. The maximum height of the new construction shall not exceed 12
feet as shown on the plans submitted to the City on June 23,
1994 .
7. The landowner and their representative(s) shall comply with
all recommendations and requirements, if any, of the Division
of Building and Safety and the City Geologist.
8. No grading is permitted with this approval.
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P.C. Resolution No. 94-34
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