PC RES 1996-009P.C. RESOLUTION NO. 96-9
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 407 FOR AN EXISTING ACCESSORY
STRUCTURE CONSTRUCTED INTO AN EXTREME SLOPE
AND ENCROACHES V-0" INTO THE REQUIRED 5'-0"
MINIMUM SIDE YARD SETBACK AREA IN THE EAST SIDE
YARD AREA AT 5350 MIDDLECREST ROAD.
WHEREAS, on February 15, 1995, the landowner, Mr Nalin Patel, submitted an
application for Variance No 407 to the Department of Planning, Building and Code
Enforcement for approval of an after- the- fact storage shed located in the east side yard
on the property located at 5350 Middlecrest Road, 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), there was no evidence that Variance No 382 would have a significant effect
on the environment Accordingly, the proposed project has been found to be categorically
exempt (Class III), and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, a public hearing was held on April 23, 1996, 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 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 amount of level available for additional development is limited due to the large
driveway, the placement of the existing residence and pool, and the configuration of the
steep slope in the side and rear yards, which is unusual in comparison to the other
properties in the surrounding area
Section 2. That the variance is necessary for the preservation and enjoyment of the
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 accessory
structure would create more useable rear yard area than is available for the adjoining
properties, or does not significantly alter the existing slope
•
Section 3,: That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property and improvements in the area in which the
property is located. The acessory structure would not create an adverse visual impact or
invasion of privacy, since the roof of the storage shed is approximately 5'-0" lower than the
pad elevation of the adjacent lot. Additionally, the shed would be setback more than 100'
from the front property line, and would be from view screened by existing mature trees.
Section 4: That the granting of the Variance would be contrary to the objectives of
the General Plan since the height and location of the accessory structure would not alter
the primary use of the lot and would be compatible with the existing development patterns
found in the area.
Section 5: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Section 17.60.060 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed in writing with the City no
later than fifteen (15) days following April 23, 1996, the date of the Planning Commission's
final action.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Variance No. 407,
subject to the conditions of approval in the attached Exhibit "A", which are necessary to
protect the public health, safety and welfare.
PASSED, APPROVED and ADOPTED this 23rd day of April 1996, by the following vote:
AYES: Commissioners Alberio , Cartwright , Franklin, Ng, Whiteneck,
Vice-chair Vannorsdall , and Chairman Clark
NOES: NONE
ABSTENTIONS: NONE
f) t
Lawrence E. Clark
Chairman
Carolynn ta etru
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 96-9
Page 2 of 3
Exhibit "A"
Variance No. 407
5350 Middlecrest Road
The storage shed shall not exceed 330 square feet in size and shall not exceed a
maximum height of 8'-9" as measured from the foundation adjacent to the lowest
grade to the ridge.
2 A minimum of 60% open space shall be maintained for the lot
3 The following setbacks shall be maintained.
front: 100'-0"
east side yard: 0'-0"
west side yard. 5'-0"
rear- 15'-0"
CERTIFICATION of the east side yard setback shall be required at the time of after -
the -fact Building Permit inspection.
4 The two skylights and the air duct mounted on the roof of the shed shall not exceed
six inches above the roofline
5. The completed project shall substantially conform to the plans dated March 13,
1996, and stamped as approved by the Planning Division prior to submittal to the
Building and Safety Division for plan check
6. In the event that a Planning Division requirement and a Building and Safety Division
requirement are in conflict with one another, the stricter standard shall apply
7 The construction site shall be kept free of all loose materials resembling trash
debris in excess of that material used for immediate construction purposes Such
excess material may include, but not be limited to the accumulation of debris,
garbage, lumber, scrap metal, concrete, asphalt piles of earth salvaged materials
abandoned or discarded furniture appliances or other household fixtures
8. Prior to issuance of a Building Permit the applicant shall submit a landscape plan
to the City for review and approval by the Director of Planning, Building, and Code
Enforcement and the adjacent property owner, to screen the storage structure from
the upslope property. The landscaping shall be installed by the applicant (5350
Middlecrest Road) prior to Building Permit Final Maintenance of the landscaping
shall be the responsibility of the adjacent property owner (5360 Middlecrest Road).
P.C. Resolution No 96-9
Page 3 of 3