PC RES 1996-038 P.C. RESOLUTION NO. 96-38
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 130-REVISION 'D',
THEREBY REVISING CITY COUNCIL RESOLUTION NO.
89-41 TO ALLOW A DECREASE IN THE FRONT-YARD
SETBACK REQUIREMENT FOR LOT NO. 18 IN TRACT NO.
45667 (TRAMONTO BY THE SEA) FROM TWENTY FEET
(20'0'i) TO EIGHT FEET (8'0") FOR AN EXTERIOR
ENTRANCE STAIRWAY IN EXCESS OF FORTY-TWO
INCHES (42")AND SIXTEEN FEET, SIX INCHES(16'6") FOR
THE RESIDENCE AND DIRECT-ACCESS GARAGE
WHEREAS, on October 25, 1996, the applicant, CCL Construction, Inc., submitted
an application for Conditional Use Permit No. 130-Revision 'D' to allow a decrease in the
20-foot front-yard setback requirement for Lot No. 18 in Tract No. 45667 (Tramonto by the
Sea) at Palos Verdes Drive South and Tramonto Drive; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 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 Conditional Use Permit No. 130-Revision 'D'
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt (Class 5, Section 15305(a)); and,
WHEREAS, the Planning Commission held a hearing on November 12, 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 site for the intended use is adequate in size and shape to
accommodate said use and for all of the yards, setbacks, walls or fences, landscaping and
other features required by this title [Title 17 "Zoning"] or by conditions imposed under this
section [Section 17.56.060] to adjust said use to those on abutting land and within the
neighborhood because the proposed revision involves a minor reduction in building
setback for one (1) lot, and has no effect upon the building setbacks or lot coverage as
previously approved for the rest of the lots in the tract.
Section 2: That the site for the proposed use relates to streets and highways
properly designed to carry the type and quantity of traffic generated by the subject use
because the site is served by Palos Verdes Drive South (a major arterial roadway) and the
three (3) public streets within the tract; the proposed revision has no effect upon traffic
patterns or trip generation associated with the previously-approved project; and the
proposed revision continues to provide for adequate off-street parking for the one (1)
affected lot.
Section 3: That, in approving the subject use at the specific location, there will be
no significant adverse effect on adjacent property or the permitted use thereof because the
proposed setback reduction will create no view impact upon surrounding residences; and
the articulation of the facade will not create a discernable increase in building mass as
viewed from the public right-of-way of Nuvola Court or surrounding residences.
Section 4: That the proposed use is not contrary to the General Plan because the
proposed revision is consistent with the land use, density and environmental impacts of
the previously-approved project.
Section 5: That, in limiting the scope of the proposed revision to only one (1) lot
in Tract No. 45667 (No. 18), the project will provide the minimum necessary safeguards
to protect the health, safety and general welfare.
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.56.070 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and
with the appropriate appeal fee, no later than fifteen (15) days following November 12,
1996, the date of the Planning Commission's final action.
Section 7: 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 Conditional Use Permit
No. 130-Revision 'D', thereby revising City Council Resolution No. 89-41 to allow a
decrease in the front-yard setback requirement for Lot No. 18 in Tract No. 45667
(Tramonto by the Sea)from twenty feet (20'0") to eight feet (8'0") for an exterior entrance
stairway in excess of forty-two inches (42") and sixteen feet, six inches (16'6") for the
residence and direct-access garage, subject to the conditions contained in Exhibit 'A',
attached hereto and made a part hereof, which are necessary to protect the public health,
safety and welfare in the area.
P.C. Resolution No. 96-38
Page 2 of 4
PASSED, APPROVED, AND ADOPTED this 12th day of November, 1996, by the following
vote:
AYES: Commissioners Al beri o, Cartwright, Franklin, Ng, Whi teneck,
Chairman Vannorsdall , and Chairman Clark
NOES:
ABSTENTIONS:
ABSENT:
cc° ofellLawrence E. Clark
Chairman
Carolynn Pe u
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 96-38
Page 3 of 4
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 130-REVISION 'D'
(Tract No. 45667)
1) Condition No. M-1 of City Council Resolution No. 89-41 is revised to read [additions
underlined, deletions - ]:
"1. All structures on an individual lot shall meet the following setback
requirements. unless otherwise modified in this section below:
Property Line Setback
Front 20' setback to residence (except Lot 18)
20' setback to direct access garage (except
Lot 18),
15' setback to indirect access garage
Side 10' minimum one side
25' minimum total for both sides
Rear 50' setback for lots 7-4339
. . - . - -
•
20' setback for lots 1-6 and 40-43"
2) Condition No. M-4 of City Council Resolution No. 89-41 shall be added to read:
"4. For Lot 18 only, the following minimum setbacks requirements shall apply:
Property Line Setback
Front 16'6" setback to residence and direct access
garage
8' setback to exterior entrance stairway in
excess of 42" in height"
3) All other conditions of approval of City Council Resolution Nos. 89-39, 89-40 and
89-41 remain in effect.
M:\USERS\KITF\WPWIN6O\PROJECTS\CUP13ORD\CUP13ORD.RES
P.C. Resolution No. 96-38
Page 4 of 4