PC RES 1996-042 P.C. RESOLUTION NO. 96-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 414 TO ALLOW AN EXISTING
ACCESSORY STRUCTURE TO ENCROACH 3'-6" INTO
THE REQUIRED 5'-0" SIDE YARD SETBACK AREA AT
4338 EXULTANT DRIVE
WHEREAS, on August 28, 1996, as the result of a Code Enforcement case on the
property, the applicant submitted an application for Variance No. 414 seeking after-the-fact
approval for an accessory structure which had been constructed 3'-6" into the required 5'-
0" side yard setback area at 4338 Exultant Drive; and,
WHEREAS, the application was deemed complete on September 24, 1996; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the States'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 Variance No. 414, when constructed pursuant to
the recommendations of the City's geotechnical consultants, would have a significant effect
on the environment. Accordingly, the project has been found to be categorically exempt
(Class II and III); and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Development Code, the Planning Commission held a public hearing on November
26, 1996, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the property, which do not
apply generally to other property in the same zoning district in that the amount of level
available area for additional development is limited due to the large driveway area which
is situated on the southeast side of the lot, the large concrete patio area in the center of
the site, the pool which utilizes the majority of the rear yard area, and the descending
transitional slope area located at the rear of the site.
Section 2: That the Variance is necessary for the preservation and enjoyment of
a substantial property right of the landowner, and that this right is possessed by other
property owners under like conditions in the same zoning district, since a significant portion
of the accessory structure is utilized for the storage of a pool pump, heater and filter, which
are required ancillary equipment for the operation of the swimming pool. Further, the
granting of the Variance would not provide the landowner with a special privilege that
would be uncommon to the neighborhood, since other similar accessory structures are
found on properties in the RS -4 zoning district.
Section 3, That the granting of the Variance will not be materially detrimental to the
public welfare or injurious to property and improvements in the area which the property is
located since possible alternative locations outside the required setback areas would result
in similar, or possibly more severe, view impairment than is currently created by the
accessory structure. Additionally, the structure has been in its current configuration and
location for approximately forty years, and has not been the subject of prior complaints.
Section 4. That the granting of such a Variance will not be contrary to the policies
and objectives of the General Plan since the General Plan encourages development within
the City that maintains and enhances the quality of existing neighborhoods without creating
adverse impacts to the surrounding area. The granting of the Variance is not contrary to
the objectives of the General Plan since 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 the 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 days (15) days following November 26, 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 414 to
allow an existing accessory structure to encroach a maximum of 3'-6" into the required 5'-0"
side yard setback area on the property located at 4338 Exultant Drive, subject to the
conditions of approval in the attached Exhibit "A", which are necessary to protect the public
health, safety and welfare
P C Resolution No 96-42
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PASSED, APPROVED, and ADOPTED this 10th day of December 1996, by the
following vote
AYES Commissioners Alberio, Cartwright, Ng, Whiteneck, Vice -Chair
Vannordall, Chairman Clark
NOES. None
ABSTENTIONS None
Lawrence E Clark
Chairman
Carolynn Atru
Director of Planning, Building and
Code Enforcement, and, Secretary
to the Planning Commission
P C Resolution No 96-42
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Exhibit "A"
Variance No. 414
4338 Exultant Drive
The accessory structure shall not exceed 177.18 square feet in size and shall
not exceed a maximum height of 11'-0" as measured from the foundation adjacent
to the lowest grade to the ridge.
A minimum of 50% open space shall be maintained for the lot
The following setbacks shall be maintained for the accessory structure as noted,
and any future construction
Front- 20"-0"
Northwest side yard 1'-6" adjacent to the accessory building
5'-0" in all other areas
Southeast Side yard. 5'-0"
Rear 15'-01"
CERTIFICATION of the minimum northwest side yard setback shall be required at
the time of the after -the -fact building inspection for the accessory building
4 The approval of this Variance is contingent on the landowner applying for and
receiving approval of a Landslide Moratorium Exception Permit from the Director
of Planning, Building and Code Enforcement The application for a Landslide
Moratorium Exception Permit shall be submitted to the City within 30 days of the
action on Variance No 414 becoming final, the approval of said Variance shall
become null and void.
5 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
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P C Resolution No 96-42
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