PC RES 1997-017A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 421, THEREBY ALLOWING THE
DOWNSLOPE BUILDING HEIGHT OF A PROPOSED 305 -
SQUARE -FOOT, 2 -STORY ADDITION TO AN EXISTING
SINGLE-FAMILY RESIDENCE ON AN UPWARD SLOPING
LOT TO EXCEED THE 30 -FOOT DOWNSLOPE HEIGHT
LIMIT BY TWO FEET (2'0"), LOCATED AT 4225
MIRALESTE DRIVE
WHEREAS, on February 21, 1997, the applicants, Hugh and Sylvia Kienberger,
submitted an application for Variance No. 421 to allow a 2 -foot increase in the downslope
height limit for an addition to their single-family residence in the Miraleste area, 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 65962.5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Variance No 421 would have a significant effect
on the environment and, therefore, the proposed project has been found to be
categorically exempt (Class 1, Section 15301(e)(1)), and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on April 8, 1997, 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: 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 because the requirement to
match the existing, nonconforming ridgeline of the house and, as such, it appears that
were it not for this Art Jury requirement, there would be no need for a variance as a part
of this application; and this is not a condition which generally applies to other properties
in the RS -3 district elsewhere in the City
Section 2: Such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant, which right is possessed by other property
owners under like conditions in the same zoning district because the ability to add to one's
home is a property right which is widely enjoyed on other RS -3 zoned property elsewhere
in the City; and the unique requirements imposed by the Art Jury in this case necessitate
approval of a variance in order to preserve this property right
Section 3: The granting of a variance will not be materially detrimental to the public
welfare or injurious to property or improvements in the area in which the property is located
because the additional two feet (2'0") of downslope height for the proposed protect will not
significantly impair views from surrounding properties, will allow the ridgeline of the
addition to match that of the existing residence, and will be consistent with the architectural
character of other residences in the immediate vicinity
Section 4: The granting of such a variance will not be contrary to the objectives
of the General Plan or the policies and requirements of the Coastal Specific Plan because
it is consistent with policies calling upon the City to "[require] suitable and adequate
landscaping, open space and other design amenities to meet community standards for
environmental quality" for single-family residences, and to "[encourage] ... improvement of
all existing residential neighborhoods so as to maintain optimum local standards of
housing quality and design", is consistent with the underlying Residential 2-4 DU/acre land
use designation, and the site is not located within the Coastal Specific Plan 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 with the City, in writing, and
with the appropriate appeal fee, no later than fifteen (15) days following April 8, 1997, 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. 421,
subject to concurrent approval of Height Variation No. 831, thereby allowing the downslope
building height of a proposed 305 -square -foot, 2 -story addition to an existing single-family
residence on an upward sloping lot to exceed the 30 -foot downslope height limit by two
feet (2'0"), located at 4225 Miraleste Drive, 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 97-17
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PASSED, APPROVED, AND ADOPTED this 8th day of April 1997, by the following vote:
AYES: Commissioners Al beri o, Cartwright, Clark, Slayden, Vice Chairman
Whiteneck, and Chairman Vannorsdall .
NOES:
ABSTENTIONS:
ABSENT: Commissioner Ng
ttz 444
Donald E. Vannorsdall
Chairman
Carolynn Pbtru
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 97-_17
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 421
(4225 Miraleste Drive)
A. General Conditions:
1) Within thirty (30) days following adoption of this Resolution, the applicant
and the property owner shall submit to the City a statement, in writing, that
they have read, understand, and agree to all conditions of approval
contained in this Resolution Failure to provide said written statement shall
render this approval null and void
2) This approval is to allow a maximum downslope ridge height of thirty-two feet
(32'0") for a 305 -square -foot, 2 -story addition to be constructed at 4225
Miraleste Drive The maximum ridgeline elevation of the addition shall be
122 5' as measured from a reference elevation of 90 5' at the southeast
corner of the garage Any change shall require approval of a revision to
Variance No. 421 by the Planning Commission and shall require a new and
separate environmental review
3) All protect development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the
RS -3 district development standards of the City's Municipal Code.
4) Failure to comply with and adhere to all of these conditions of approval may
be cause to revoke the approval of the protect by the Planning Commission
after conducting a public hearing on the matter
5) If the addition has not been established (i e, building permits obtained)
within two (2) years of the effective date of this Resolution, or if construction
has not been completed within two (2) years of the issuance of building
permits, approval of protect shall expire and be of no further effect unless,
prior to expiration, a written request for extension is filed with the Department
of Planning, Building and Code Enforcement and approved by the Planning
Commission Otherwise, a variance revision must be approved prior to
further development.
6) In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the
stricter standard shall apply
P C Resolution No. 97-17
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7) Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans submitted to the City
on February 21, 1997
B. Prior to Building Permit final:
8) The applicant shall provide certification that the ridge height of the addition
matches the existing ridgeline and is no more than thirty-two feet (32'0")
above the lowest point of the site covered by the structure (i e , the
southeast corner of the garage). The maximum ridge height permitted is
122.5'.
M\USERS\KITF\WPWIN60\PROJECTS\HV831\VAR421 RES
P C Resolution No 97-17
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