PC RES 1997-071P.C. RESOLUTION NO. 97-71
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 428 FOR CONSTRUCTION OF AN 855 SQUARE FOOT
SECOND STORY ADDITION TO BE CONSTRUCTED WITHIN
THE REQUIRED HILLSIDE REAR SETBACK AREA ON
PROPERTY LOCATED AT 30016 AVENIDA CLASSICA
WHEREAS, on September 10, 1997, in association with an application submitted for
Height Variation No 844 and Grading Permit No 1971, the owners, Tom Kristy and Lynn
Comer, submitted an application for Variance No 428 to allow a proposed 855 square foot
two story addition to be constructed within the 15-0" hillside rear setback 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 Height Variation No 844 would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt
(Class 1, Section 15301), 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
November 25, 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: That due to the existing hillside condition, and the existing non -conforming
setback to the existing structure, that there are exceptional or extraordinary circumstances
applicable to the property which do not apply generally to other property in the same zoning
district Further, since the proposed second story addition would be constructed directly
above the first story addition, and the applicant is improving the existing setback requirement
by increasing the setback from a range of 5' to 7', to 10, the improvements to the site will not
be noticeably different than the existing conditions related to the setback from toe of slope
Section 2: That this specific variance is necessary for construction of the second
story addition as it preserves the property owner's right to have a second story addition at a
location that is no more of an impact than the existing first story garage which is a right
possessed by other property owners within the surrounding area
Section 3: That 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 Uniform Building Code (UBC) requires that the structure be setback from
PC Resolution N! 97-71
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the toe of slope the same as the Development Code, and prior to constructing the two story
addition, the applicant will be required to meet all UBC requirements for this setback deviation.
Section 4: That 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 as the
project is consistent with the following housing policies as shown on page 78 of the General
Plan; 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 " The proposed project is
also consistent with the underlying Residential 2-4 DU/acre land use designation The site is
not located within the Coastal Specific Plan area
Section 5: Any interested person aggrieved of 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 25, 1997, the date
of the Planning Commission final action.
Section 6: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, which are all
attached hereto by reference, the Planning Commission hereby approves Variance No 428 to
allow construction of an 855 square foot addition within the required hillside rear setback on
the property located at 30016 Avenida Classica, subject to Conditions of Approval contained
in the attached Exhibit "A", which are necessary to protect the public health, safety, and
welfare
PASSED, APPROVED, and ADOPTED this 25th day of November 1997 by the
following roll call vote
AYES Commissioners Alberio, Cartwright, Clark, Slayden,
Vice Chairman Whiteneck, and Chairman Vannorsdall.
NOES None.
ABSTENTIONS None.
ABSENT Commissioner Ng.
41
Donald E Vannorsdall
Chairman
Carolynn Pdtru, AICP
Director of Planning, Building,
and Code Enforcement, and,
Secretary to the Planning Commission
PC Resolution No. 97- 71
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 388
5755 PALOS VERDES DRIVE SOUTH
WAYFARERS CHAPEL
General
Within ninety (90) days of this approval, landowner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all Conditions of
Approval contained in this document Failure to provide such statement shall render
this approval null and void
2 The landowner shall comply with all Conditions of Approval contained in P C
Resolution Nos 97-70 granted in association with Height Variation No. 844 and
Conditions of Approval of Grading Permit No 1971
3 The proposed second story shall be setback a minimum of 10' from the new toe of
slope (ie new 2'-6" to 6-6" high retaining wall)
4. Construction of the project shall substantially conform to plans as approved by the
Planning Commission on November 25, 1997, which are identified as "Remodel for Mr
Tom Kristy and Ms Lynn Comer, 30016 Avenida Classica, Rancho Palos Verdes, Ca
90275", prepared by "Edward Carson Beall, AIA and Associates", and noted
"Received November 20, 1997 Planning, Building & Code Enf'
5. This permit shall be valid for one (1) year from the date of final action on the permit.
The permit shall be null and void after that time unless the applicant has commenced
upon the use, as that phrase is defined in Development Code Section 17 86 070(A), or
if the applicant has been granted an extension.
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P C Resolution No 97-71
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C�
General
CONDITIONS OF APPROVAL
GRADING PERMIT NO. 1971
30016 AVENIDA CLASSICA
Within ninety (90) days of this approval, landowner shall submit to the City a
statement, in writing, that they have read, understand, and agree to all Conditions of
Approval contained in this document Failure to provide such statement shall render
this approval null and void
2 The landowner shall comply with all Conditions of Approval contained in P C
Resolution Nos 97- , and 97- , granted in association with Height Variation No 844
and Variance No 388, respectively
3 Construction of the project shall substantially conform to plans as approved by the
Planning Commission on November 25, 1997, which are identified as "Remodel for Mr
Tom Kristy and Ms Lynn Comer, 30016 Avenida Classica, Rancho Palos Verdes, Ca
90275", prepared by "Edward Carson Beall, AIA and Associates", and noted
"Received November 20, 1997 Planning, Budding & Code Enf'
4 The hours of grading and construction shall be limited to 7 00 a m to 7 00 p m ,
Monday through Saturday only No construction shall be permitted on Sundays or
Legal Holidays
Grading
5. The maximum height of the proposed retaining wall is 6'-6" The maximum amount of
cut shall be 90 cubic yards
6. The landowner shall comply with all recommendations and requirements, if any, of the
Division of Building and Safety and of the City's Geotechnical Staff In the event that
two conditions are in conflict with one another, the stricter shall apply
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