PC RES 1995-018 •
. P.C. RESOLUTION NO. 95-18
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 393, THEREBY APPROVING
ENCROACHMENTS INTO THE 20 FOOT SETBACK
ABUTTING THE STREET TO ACCOMMODATE A NEW
ENTRYWAY, COLUMNS, AND AWNINGS AT 28300
(SOUTH)WESTERN AVENUE (COCO'S RESTAURANT)
WHEREAS, on March 30, 1995,Mr. Jeffrey Clarke, representing Coco's Family Restaurants,
submitted an application for Variance No. 393, a request to allow encroachments into the 20 foot
setback abutting the street (Western Avenue) to accommodate a new entryway, columns, and
awnings; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 2100 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 65952.5(e)(Hazardous Waste and Substances Statement), Staff found no evidence that
Variance No. 393 would have a significant effect on the environment. Accordingly, the proposed
project has been found to be categorically exempt (Class I); and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on May 23, 1995,
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 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 in that, the existing building is situated as close
to Western Avenue as possible in order to provide the most visibility to passersby along this major
thoroughfare. As mentioned earlier, Coco's is upgrading and modifying their exterior elevation to
create a new, more aesthetically pleasing"image" such that the new buildings will be more customer-
oriented. Unfortunately,the building was placed immediately adjacent to the minimum required 20
foot street side setback, thus leaving no room to expand the building without encroaching into the
required setback area or impacting the existing driveway and parking configuration. Therefore, the
Commission believes that these existing conditions are exceptional, especially given the fact that the
proposed modifications are, for the most part, architectural in nature and do not increase the usable
square footage of the restaurant.
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Section 2: That such a Variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant since, the property right in question is the applicant's ability
to make minor architectural design modifications to the existing building. The shopping center in
which the restaurant is located and other commercial developments on Western Avenue (both in the
City of Rancho Palos Verdes and the City of Los Angeles) have recently made similar architectural
improvements. As a result of the building's proximity to the street, even minor aesthetic
improvements cannot be made to the west facade without the approval of an exception request, in
this case a Variance application. Therefore, granting the Variance would not provide a special
privilege to the subject property which is not already enjoyed by similar properties in the area.
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
all of the proposed improvements would be incorporated as architectural design elements that would
be integrated with the existing building such that they would not be obtrusive or appear as though
they were an "after-thought". No portion of the proposed improvements would encroach into the
public right-of-way or pedestrian access-way.
Section 4: That the granting of such a Variance will not be contrary to the policies and
objectives of the General Plan since the current land use designation for the subject property in both
the City's General Plan Map and zoning map is Commercial. The restaurant use of the subject
building will not be altered as a result of the proposed improvements, and the proposed project will
improve the appearance of the structure, in keeping with the recent renovation of the shopping center.
Therefore, the project will be consistent with the General Plan.
Section 5: The time within which the 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 included in
the Staff Report,Minutes, and all other records of the proceedings, the Planning Commission hereby
grants Variance No. 393, thereby approving the modifications to the exterior of the existing Coco's
Restaurant including the encroachments of the entryway, columns, and awnings into the setback
abutting Western Avenue subject to the conditions attached hereto and made a part hereof, which are
necessary to preserve the public health, safety, and general welfare in the area.
P.C. Resolution No. 95-18
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•
PASSED, APPROVED, AND ADOPTED this 23rd day of May 1995, by the following vote:
AYES: Commissioners Al beri o, Ferraro, Vannorsdal 1 , Wang, Vice Chair Hayes, and
Chairman Mowlds
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Whit: eck
P//
D gene Mowlds III,
airman
/ •
Bret B. :a ard, AI P
Direct r of 'lanni :, Building, and
Code Enforcement; and, Secretary to
the Planning Commission
P.C. Resolution No. 95-, 18
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EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 393
(28300 South Western Avenue)
1) The maximum encroachment into the 20'-0" setback abutting Western Avenue shall
not exceed 11'-0" for the new entryway; 5'-6" for the new columns; and 7'-0" for the
new awnings.
2) The additions shall be constructed in substantial conformance to the approved set of
plans stamped as received on March 30, 1995.
3) In the event that a Planning requirement and Building and Safety requirement are in
conflict with one another, the stricter standard shall apply.
4) The construction site shall be kept free of all loose materials resembling trash and
debris in excess of that material used for immediate construction purposes. Such
excess material may include, but is not limited to: the accumulation of debris,
garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials,
abandoned or discarded furniture, appliances or other household fixtures.
5) The project shall adhere to all of the conditions of approval in P.C. Resolution No.
95-19 for Conditional Use Permit No. 188.
6) No grading has been approved with this Permit.
P.C. Resolution No. 95-18
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