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PC RES 1996-017P.C. RESOLUTION NO. 96-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF MINOR EXCEPTION PERMIT NO. 501, THEREBY UPHOLDING THE DIRECTOR'S DECISION TO APPROVE A 5.7% DECREASE (PREVIOUSLY CALCULATED AS AN 18% DECREASE) IN THE MINIMUM 50% LANDSCAPING REQUIREMENT WITHIN THE REQUIRED FRONT YARD SETBACK AREA FOR AN AFTER -THE -FACT SEMI- CIRCULAR DRIVEWAY AND OTHER HARDSCAPE AT 54 OCEANAIRE DRIVE WHEREAS, on December 20, 1995, Robert and Shirley Lee submitted an application for Minor Exception Permit No 501, to allow an 18% decrease (subsequently found to be a 5 7% decrease) in the minimum 50% landscaping requirement within the required front yard setback area at 54 Oceanaire Drive, and, WHEREAS, on March 26, 1996, Minor Exception Permit No 501 was conditionally approved by the Director, thereby granting after -the -fact approval of the existing semi- circular driveway and other hardscape improvements in the required front yard setback area of the subject property; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act Public Resources Code Sections 2100 et. seq. ("CEQA"), the States's CEQA Guidelines, California Code 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 has found no evidence that Minor Exception Permit No 501 would have a significant effect on the environment. Accordingly, the after -the -fact project has been found to be categorically exempt Class II and III, and, WHEREAS, on April 15, 1996, the appellants, Teng Li -Ann Lie and Tai-Shion Lee of 55 Oceanaire Drive, submitted an application for an appeal of Minor Exception Permit No 501, and, WHEREAS, after notice issued pursuant to the provisions of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on June 25, 1996, 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 the reduced width of the subject property's frontage creates a practical difficulty for the landowners to improve their property in a similar manner to surrounding properties Section 2: That there are a significant number of properties on Oceanaire Drive and in the Del Cerro tract as a whole which have legal non -conforming semi -circular driveways and hardscape areas within the required front yard setback area which appear to exceed the maximum 50% coverage requirement Therefore, denying a similar improvement to the subject property would cause an unnecessary hardship to the landowner Section 3: That, while the driveway coverage within the front yard setback area slightly exceeds the 50% landscaping requirement, the dwelling and garage cover only 27% of the lot, resulting in a net open space area of 73%, which is well in excess of the 60% minimum amount of open space required in the RS -2 zoning district. Therefore, the project would not result in a situation where the lot is overbuilt for the zoning district Section 4: That the additional amount of driveway and parking area coverage within the front yard setback area does not create an adverse visual impact from the public right-of-way and the surrounding properties, since the excess coverage is effectively imperceptible and the semi -circular driveway will be screened from the street by landscaping 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 17.62 060 of the Rancho Palos Verdes Municipal Code, and such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following June 25, 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 all other records of the proceedings, the Planning Commission hereby denies the appeal of Minor Exception Permit No. 501, thereby upholding the Director's approval of Minor Exception Permit No 501. PC Resolution No. 96-17 Page 2 • • PASSED, APPROVED, AND ADOPTED this 25th day of June, 1996 by the following vote* AYES Commissioners Alberio, Cartwright, Whiteneck, Vice Chair Vannorsdall, and Chairman Clark NOES Commissioners Franklin and Ng ABSTENTIONS. Carolynn Petru Director of Planning, Building and Code Enforcement, and Secretary to the Planning Commission Lawrence E. Clark Chair PC Resolution No 96-17 Page 3 EXHIBIT "A"" CONDITIONS OF APPROVAL MINOR EXCEPTION PERMIT NO. 501 - APPEAL 54 OCEANAIRE DRIVE 1. This approval is for the after -the -fact construction of a semi -circular driveway and other hardscape improvements within the required front yard setback area which exceed the maximum allowable 50% coverage requirement by 5 7% or 55 48 square feet. The maximum allowed hardscape in the required front yard setback area shall not exceed 1,035 48 square feet No additional lot coverage shall be permitted within the required 20 foot front yard setback area without prior review and approval by the City 2 A minimum of 60% of the total lot area shall be maintained as open space, pursuant to the requirements of the City's Development Code. 3 The landowner shall obtain al,l necessary permits required by the Department of Public Works for those portions of the after -the -fact driveway which are located within the public right-of-way 4 The hedge that has been planted along the edge of the semi -circular driveway closest to the street shall be maintained at a maximum height of 42 inches. N1GROUP\PLANNING\STAFFRPTIPCUNEP501 RE WPD P.C. Resolution No. 9617 Page 4