PC RES 1999-009A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 443 AND SITE PLAN REVIEW NO. 8444 TO
REDUCE A PORTION OF THE FRONT YARD SETBACK
FROM 20'0" TO 14'0" (50% REDUCTION) AND FOR THE
CONSTRUCTION OF A 56 SQUARE FOOT ADDITION TO AN
EXISTING 2,015 SQUARE FOOT ONE STORY RESIDENCE,
LOCATED AT 29671 NORTH ENROSE AVENUE.
WHEREAS, on February 1, 1999, the applicant, Mr. & Mrs Ivica Mannovic
submitted applications for Variance No 443 and Site Plan Review No 8444 to
reduce a portion of the front yard setback from 20'0" to 10'0" (50% reduction) for the
proposed construction of a 56 square foot addition to an existing residence, located
at 29671 N Enrose Avenue.
WHEREAS, on February 16, 1999 the application package was
deemed complete, and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Section 21000 et seq. ("CEQA"), the State's CEQA
Guidelines, and Government Code Section 65962 5(f) (Hazardous Waste and
Substances Statement), Staff found no evidence that Variance No 433 and Site
Plan Review No. 8444 would have significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class 1,
Section15301 ((e)(1)), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on April 13, 1999, at which all interested parties were given the
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: The project site has exceptional and extraordinary
circumstances since the existing structure does not meet the minimum 20'0" front
yard setback, and the non -conformity condition is present throughout this
subdivision which is not generally present in the RS -4 zoning district The proposed
addition will not extend closer to the street than the minimum 10'0" setback of the
existing structure Furthermore, granting a Variance to reduce the front yard
setback is consistent with the intended residential use of the property demonstrated
by the fact that a majority of the properties within the immediate neighborhood do
not meet the 20'0" minimum front yard setback
Section 2: The project site is currently developed with a single family
residence which is the primary use in the RS -4 zone, but the applicant also has the
right to expand up to their maximum structure size without a Variance provided all
other code requirements are met Since the proposed 56 square foot addition is
minor in size and that the reduction of the front yard setback will not be less than the
existing setback, that the Variance is warranted for the reduction of the front yard
setback in order to allow the applicant to maintain his/her property rights in a manner
that is consistent with other property owners in the area that also enjoy reduced front
yard setbacks
Section 3: The requested Variance to reduce the front yard setback would
not be detrimental since the reduction of the front yard setback would not be greater
than the existing setback and the addition would not extend any closer to the
property line than the closest portion of the existing structure, therefore no further
impacts to the front usable area would result from approval of the reduction Also, a
majority of the residences within this district are situated closer to the street
frontage, therefore no injuries to the property and improvements within the area will
result due to consistently reduced setbacks in the area
Section 4: The requested Variance to reduce the front yard setback will be
consistent with the goals and objectives of the General Plan since the reduction of
the front yard setback will not change the visual character of the neighborhood since
a majority of the residences are situated closer to the street frontage, and do not
meet the minimum front yard setback of 20'0" as required by the City's Development
Code
Section 5: The request for the Site Plan Review can be granted since the
approval is an integral part of the overall project, and is contingent upon the approval
of the Variance as discussed above Also, the proposed addition complies with the
height and open space requirements, therefore the proposed addition will conform to
the Development Code standards
Section 6: Any interested person may appeal this decision or any portion of
this decision to the City Council Pursuant to Section 17.02.040 (C)(1)(j) 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 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 record of proceeding, the
P C Resolution No 99-9
Page 2 of 3
Planning Commission of the City of Rancho Palos Verdes hereby approved
Variance No 443 and Site Plan Review No. 8444, thereby approving a reduction of
the front yard setback from 20'0" to 10'0" for the proposed construction of a 56
square foot addition located at the front of the residence, with a proposed height of
thirteen feet six inches (13'6"), to an existing 2,015 square foot, one-story residence,
for the property located at 29671 North Enrose Avenue, subject to the conditions
contained in Exhibit "K, attached hereto and made a part hereof, which are
necessary to protect the public health, safety and welfare in the area
PASSED, APPROVED, AND ADOPTED this 13 I day of April 1999, by the
following vote:
AYES: Alberio, Cartwright, Clark, Lyon, Slayden, Paris, and Vannorsdall
NOES:
ABSENTATIONS:
ABSENT:
Joel Rojas, AIC
n Building
Dire for of Plan
an Code Enforcement, and
cretary to the Planning Commission
Jon Cartwright
Chairman
P C Resolution No 99- 9
Page 3 of 3
F 7.
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 443 AND
SITE PLAN REVIEW NO. 8444
GENERAL
Prior to the submittal of plans into Building and Safety "plan check", the
applicant shall submit to the City a statement, that they have read,
understand and agree to all the conditions of approval contained in this
resolution Failure to provide said written statement within ninety (90) days of
approval shall render this approval null and void
2 The approval shall be null and void after one (1) year from the date of
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the "plan check" review process, pursuant to Section
17.86 070 of the City's Development Code This approval shall become null
and void after initiating the "plan check" review process, or receiving a
building permit to begin construction, said "plan check" or permit is allowed to
expire or is withdrawn by the applicant
3 The Director of Planning, Building and Code Enforcement is authorized to
make minor modifications to the approved preliminary plans or any of the
conditions if such modifications shall achieve substantially the same results
as would strict compliance with said plans and conditions
4 The abandonment or non-use of this approval after a period of one year shall
terminate the approval and any privileges hereunder shall become null and
void.
VARIANCE
5. The front yard setback shall not be less than 10'0" (50% reduction) at the
area of the proposed 56 square foot addition.
SITE PLAN REVIEW
6 The proposed addition shall not exceed 56 square feet in area and shall not
exceed the height of sixteen (160") feet (proposed 13'6").
Resolution No 99-9
Exhibit "A"
Page 1 of 2
, n w
7 The minimum setbacks shall conform to the approved plans, but in no case
shall be less than
Front: 10'0" existing (10'0" at the proposed 56 square foot addition)
Sides. 5' interior Rear 15'
8 A minimum of fifty (50%) percent of open space shall be maintained on the
property (proposed. 68 6%)
MISCELLANEOUS
9 No grading has been proposed or approved in conjunction with the
construction of this project.
10 The hours of construction shall be limited to 7.00 a m to 7.00 p m , Monday
through Saturday No construction shall be permitted on Sundays or legal
holidays.
11 The construction site shall be kept free of all loose materials resembling trash
and debris in excess of that material used for immediate construction
purposes. Such excess may include, but is not limited to. the accumulation of
debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth,
salvage materials, abandoned or discarded furniture, appliances or other
household fixtures
Resolution No 99-9
Exhibit "A"
Page 2of2