PC RES 1995-030P.C. RESOLUTION NO. 95- 30
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 397 FOR CONSTRUCTION OF AN AFTER -THE -FACT
OUTDOOR BARBECUE AND OVEN AREA, AND FOR A SIX
FOOT HIGH CONCRETE BLOCK WALL AND PILASTERS
LOCATED IN THE FRONT YARD SETBACK AREA ON A
FLAG LOT LOCATED AT 51 ROCKINGHORSE ROAD.
WHEREAS, on July 20, 1995, the landowners, Jack and Dory
Nance, submitted an application to the City to allow after -the -fact
construction of an outdoor barbecue and oven area, and a six foot
high concrete block wall with pilasters located in the front yard
setback area on a flag lot located at 51 Rockinghorse Road; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Section 2100 et.
seq. (CEQA) , the State CEQA Guidelines, California Code Regulation,
Title 14, Sections 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Sections 65952.2(e) (Hazardous
Waste and Substances Statement), the City of Rancho Palos Verdes
reviewed the request and determined that the proposed request would
not have a significant effect on the environment and has,
therefore, been determined to be categorically exempt (Class I);
and,
WHEREAS, after issuing notice pursuant to the provisions of
the Rancho Palos Verdes Development Code, the Planning Commission
of the City of Rancho Palos Verdes held a public hearing on August
8, 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 due to the unusual configuration of the
existing structure on the property, and the fact that the property
is a "flag" lot, the front property line (as defined by the
Development Code) is located in an area that would otherwise be
considered a side property line on any other typical lot in the
City. Additionally, there are existing extreme slopes on the
property which limit the buildable area on the property. Finally,
the front property line on the subject property borders the rear
property line of the adjacent property, although each serves more
practically as a side property line. For these reasons, the
Planning Commission finds that these factors create exceptional or
extraordinary circumstances or conditions applicable to the subject
property, which do not apply generally to other property in the
same zoning district.
Section 2: That although structures such, as the outdoor
barbecue and oven on the subject property, are not permitted by the
Development Code in the front yard setback area, similar structures
are permitted within the sideyard setback area, and may be located
a minimum of 3 feet from the side property line. Similarly, the
concrete block wall provides security and serves as a protective
pool fencing along what would typically serve as the side property
line on any other regularly shaped lot with frontage of a public
street. Since the front setback area on the subject property more
practically serves as the side yard, and outdoor barbecue would be
permitted on any other property in the sideyard setback area, the
Planning Commission finds that the Variance is necessary for the
preservation and enjoyment of a substantial property right, which
is possessed by other properties which have outdoor barbecues
within the sideyard setback area.
Section 3: That the outdoor barbecue and oven area are not
visible from adjacent properties nor from the adjacent access
easement, and will therefore not result in any view impairment. In
addition, the concrete block wall, which straddles the rear
property line of the adjacent property, provides security and
serves as a protective pool fencing for the subject property.
Finally, the landowner will be required to comply with all
requirements and recommendations, if any, of the City's Division of
Building and Safety. Therefore, 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.
Section 4: The since the subject property will continue to
be used for single family residential purposes, the project
consistent with the objectives of the General Plan. The property
is not located within the Coastal Zone.
Section 5: The time within which judicial review of the
decision reflected in this Resolution must be sought, if available,
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 of the City of Rancho
Palos Verdes hereby approves Variance No. 397 to allow after -the -
fact construction of an outdoor barbecue and oven area, and a six
foot high concrete block wall with pilasters within the front yard
setback area on property located on a "flag" lot at 51 Rockinghorse
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. 95-30
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PASSED, APPROVED, and ADOPTED, this 8th day of August 1995 by
the following vote:
AYES • Commissioners Alberio, Ferraro, Vannorsdall, Wang, Whiteneck, and
• Vice Chair Hayes, and Chairman Mowlds
NOES: None
P.C. Resolution No. 95-:30
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•
EXHIBIT -"A"
CONDITIONS OF APPROVAL
VARIANCE NO. 397
51 ROCKINGHORSE ROAD
40
1. After -the -fact Building Permits shall be obtained for
construction of the outdoor barbecue and oven area. The
landowner shall comply with all recommendations and
requirements, if any, of the Division of Building and Safety.
2. No other modification which increases the height of the
outdoor barbecue and oven, or the height of the concrete block
wall and pilasters shall be initiated without prior approval
by the City.
TS17 REVAR397 PC
P.C. Resolution No. 95-30
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