PC RES 1996-014 •
P.C. RESOLUTION NO. 96-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 410 FOR AN AFTER-THE-FACT ADDITION
AND FIREPLACE WHICH ENCROACH A MAXIMUM OF 9'-2"
INTO THE REQUIRED 20'-0" MINIMUM FRONT YARD
SETBACK AREA AT 2043 JAYBROOK DRIVE.
WHEREAS, on May 16, 1996, the landowner, Mr. Khadjenouri, submitted Variance
No. 410 to the Department of Planning, Building and Code Enforcement for an after- the-
fact addition and fireplace located at 2043 Jaybrook Drive; 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 June 11, 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 lot is significantly smaller than the minimum lot size required in an RS-4 zoned
neighborhood (10,000 square minimum lot size) and the existing residence was built only
13 feet from the front property line.
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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 Variance would
be necessary to allow the addition to be built in line with the original facade of the
residence. In addition, based on a field survey of the properties on Jaybrook Drive, it has
been determined that the majority of the homes in the immediate neighborhood encroach
in a similar manner into the required 20'-0"front setback area.
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, since the front
yard setback is similar to other homes in the neighborhood, the project will not look to
closer to the street than the surrounding residences. In addition, since the project faces
the street, the height and scale of the after-the-fact addition and fireplace would not result
in a loss of privacy or may create an adverse visual impact to the surrounding properties.
Section 4: That the granting of the Variance would not be contrary to the General
Plan, since the height and location of the addition and the fireplace would improve the
building articulation on the house and would not create an adverse visual impact, as
viewed from the surrounding properties or the street. Furthermore, the project will not
change the residential use to the property and the General Plan encourages improvements
to existing single family residences which improve the quality of the neighborhood.
Section 5: Any interested person aggrieved by this decision or 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 June 11, 1996, the date o the Planing 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. 410,
subject to conditions of approval in the attached Exhibit"A", which are necessary to protect
the public health, safety and welfare.
P.C. Resolution No. 96 - 14
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PASSED, APPROVED, and ADOPTED this 11th day of June 1996, by the following
vote:
AYES: Commissioners Alberio, Cartwright, Franklin, Ng, Whiteneck, and
Vice Chair Vannorsdall
NOES:
ABSTENTIONS:
ABSENT: Chairman Clark
(1/24.
Lawrence E. Clark
Chairman
Zo.me,.61‘rej-F's \h/....)
Carolynn etru, Director of Planning,
Building, and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 96 - 14
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IP oiv
Exhibit "A"
Variance No. 410
2043 Jaybrook Drive
1. The addition shall not exceed 70 square feet in size and shall not exceed a
maximum height of 16'-0" as measured from the foundation adjacent to the lowest
grade to the ridge.
2. A minimum of 50% open space shall be maintained for the lot.
3. The following setbacks shall be maintained:
front: The addition shall maintain a 25'-0"setback from the curbline and the fireplace
shall maintain a 22'-10" setback as measured from the curbline.
sides: 5'-0"
rear: 15'-0"
4. The completed project shall; substantially conform to the plans dated May 20, 1996,
and stamped as approved by the Planning Division prior to submittal to the Building
and Safety Division for plan check.
5. In the even that a Planning Division requirement are in conflict with one another, the
stricter standard shall apply.
6. A one car garage with a minimum dimension of 18'-0" wide and 20'-0" deep shall
be provided on the site.
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.
(PLANNING/GROUP/STAFFRPTS/PCNAR407.RES)
P.C. Resolution No. 96 - 14
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