PC RES 2000-019P.C. RESOLUTION NO. 2000-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 472, THEREBY LEGALIZING A SIXTY -SQUARE FOOT
DINING ROOM ADDITION THAT ENCROACHES INTO THE
REQUIRED TEN -FOOT SIDE YARD SETBACK BY TWO FEET,
ON PROPERTY AT 28835 KING ARTHUR COURT.
WHEREAS, on May 1, 2000, the applicants, Mr and Mrs Robert Lewis,
submitted an application for Variance No 472, to legalize an existing sixty (60) square -
foot dining room addition to an existing 2 -story single-family residence on a 12,048
square -foot lot on King Arthur Court in the Stoneridge Palos Verdes neighborhood,
where said addition does not conform with the side -yard setback line of the property;
and,
WHEREAS, on May 25, 2000, the application for Variance No. 472 was deemed
complete by Staff; 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 Regulations, 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. 472 would have
a significant effect on the environment and, therefore, the proposed project has been
found to be categorically exempt (Section 15301(e)); and,
WHEREAS, after notice issued pursuant to the requirements of the Ranchos
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on June 27, 2000, 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: The Planning Commission hereby makes the followings findings of
fact with respect to the application for Variance No. 472 for a sixty (60) square -foot
dining room addition encroaching two feet into the required 10 -foot side -yard setback
line:
A. 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 applicant's
structure is plotted at an angle (rather than parallel) to their north side property
line, making it awkward to match a building addition with the side property line,
whereas most other structures in the area are plotted to the side property lines.
P.C. Resolution No. 2000-19
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B 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 since other property owners
wishing to reduce the 10 -foot side yard setback to eight feet for the construction
of a dining room, the City's Development Code provides for a 20% reduction to
the setback via the Minor Exception Permit review process, but for new
construction only
C Granting the variance will not be materially detrimental to the public welfare or
injurious to property and improvements in the area in which the property is
located because the dining room addition does not significantly impact any
protected views of the adjacent parcel and is not visible from the public right-of-
way, and no opposition to the addition has been stated
D Granting the variance will not be contrary to the objectives of the General Plan
and the policies and requirements of the Coastal Specific Plan because the
General Plan land use designations for the Stoneridge Palos Verdes
neighborhood are Residential 2-4 DU/acre, which permits additions for single-
family residences, the dining room addition has been designed to blend in well
with the original house construction, therefore meeting a General Plan Policy on
the maintenance and improvement of existing residential neighborhoods so as to
maintain optimum local standards of housing quality and design, and the property
is not within the Coastal Specific Plan area
Section 2: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council Pursuant to Sections 17 64 060,
17 72.100 and 17 76 040(E)(9) 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 June 27, 2000, the date of the Planning
Commission's final action
Section 3: 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 472, thereby permitting the sixty (60) square -foot dining room addition to be located
within the ten (10) foot side -yard setback at the 8 -foot mark, located at 28835 King
Arthur Court, 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 2000-19
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t
PASSED, APPROVED AND ADOPTED this 27 th •_ • June 2000, • the following
vote,
AYES Cartwright, Long, Mueller, Vannorsdall, and Clark
ABSTENTIONS:
ABSENT: Paulson and Lyon
Frank Lyor�
Chairman
e -
as, AICP /
of Plann4Ailding and Code Enforcement, and,
y to the Planning Commission
P C. Resolution No. 2000-19
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 372
(28835 King Arthur Court)
General
1 Prior to.the submittal of plans into Building and Safety plan check, the app ' licant
and property owner shall submit to the City a statement, in writing, that they have
read, understood, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. This approval is to legalize the addition of 60 square feet of new dining room
area for an existing, single-family residence at 28835 King Arthur Court. The
maximum height of this addition shall be eleven feet and six inches (11'-6")
above the highest point of the existing grade covered by the structure to ridge,
and fourteen feet (14') above the finished grade adjacent to the lowest foundation
to ridge.
3. All project development on the site shall conform to the specific standards
contained in these conditions or approval, or if not addressed herein, in the RS -4
district development standards of the City's Municipal Code.
4. The project shall maintain a maximum lot coverage of 50%, (31.5% proposed).
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless,
prior to expiration, a written request for extension is filled with the Department of
Planning, Building and Code Enforcement and approved by the Director.
Otherwise a variance revision must be approved prior to further development.
7. In the event that a Planning Division and a Building Division requirement are in
conflict, the stricter standard shall apply. Approval of this variance by the
Planning Commission does not give Building Division approval to any aspect of
the dining -room construction, and the applicant shall obtain all necessary permits
from the Building Division.
8. The project shall substantially conform with the plans stamped approved with the
effective date of this approval.
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4 1 C x
9. The granting of this Variance does not include approval for any Building and
Safety Division related permits. Prior to the issuance of building permits by the
Building and Safety Division, the applicant shall obtain final approval of the
project by the City's Building Inspector and/or Geotechnical consultant to ensure
the dining room addition has been constructed to meet all building code
requirements.
10. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans or any of the conditions if such
modifications achieve substantially the same results as would strict compliance
with said plans and conditions.
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 material may include, but not be limited to: the accumulation of
debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage
materials, abandoned or discarded furniture, appliance or other household
fixtures.
12. The hours of construction shall be limited to 7 00 AM to 7 00 PM, Monday
through Saturday. No construction shall be permitted on Sundays or on legal
holidays.
13. The approved project is exempt from the requirements of the foliage analysis,
since the project is less than 120 square feet in habitable space
14. The approved project is exempt from the requirements of the neighborhood
compatibility analysis, since the project is less than 25% the original building
structure.
15. The structure shall comply with the following setbacks:
1- �19 �; I �14 I 17
16. With the exception of the dining room addition depicted on the plans, no new
structures or improvements are permitted on the property.
P.C. Resolution No. 2000-1M
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