PC RES 2000-028P.C. RESOLUTION NO. 2000-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 457,
GRADING PERMIT NO. 2137, AND SITE PLAN REVIEW NO. 8693
TO: 1) DEMOLISH THE EXISTING RESIDENCE; 2) GRADE A
TOTAL OF 944 CUBIC YARDS OF EARTH FOR THE
CONSTRUCTION OF A NEW 7,767 SQUARE FOOT TWO-STORY
DOWNSLOPE RESIDENCE WITH A THREE -CAR GARAGE, AT A
PROPOSED HEIGHT OF 26'-9" AS MEASURED FROM HIGHEST
EXISTING GRADE COVERED BY STRUCTURE TO THE TOP OF
THE ROOF RIDGELINE; 3) REDUCE THE REQUIRED 25'-0"
TURNING RADIUS TO A 16'-0" TURNING RADIUS AT THE
DRIVEWAY AREA; AND 4) INSTALL A 5'- 0" HIGH PLEXI -GLASS
SWIMMING POOL WALL WITHIN THE FRONT YARD AREA OF
THE PROPERTY LOCATED AT 3281 CROWNVIEW DRIVE.
WHEREAS, on August 2, 1999, the applicant, Dr. Amir Ghadak-Saz submitted
applications for Variance No. 457, Grading Permit No. 2137, and Site Plan Review No
8693 to demolish the existing 5,806 square foot two-story downslope residence and
grade a total of 944 cubic yards of earth for the construction of a new 7,767 square foot
two-story residence with a three car garage, as well as reduce the required 25'-0"
turning radius to a 16'-0" turning radius at the driveway area, and install a 5'-0" high
plexi -glass swimming pool wall within the front yard area at the property located at 3281
Crownview Drive; and,
WHEREAS, pursuant to the provisions of the California Quality Act, Public
Resource Code Section 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. 457, Grading permit
No. 2137, and Site Plan Review No. 8693 would have a significant effect on the
environment and, therefore the proposed project has been found to be categorically
exempt (Class 3, Section 15303), and,
WHEREAS, after a notice issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public
hearing on August 22, 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 project site has exceptional and extraordinary circumstances in
that the property has very limited usable outdoor area due to the severely sloping nature
of the lot, and the only main usable area for outdoor activities is the front yard area. As
such, because of the limitation of outdoor area on the lot, there are extraordinary
circumstances to allow a reduction in the turning radius from 25'-0" to 16'-0" at the
driveway area, and installation of a 5'-0" high plexi -glass wall to enclose a swimming
pool located within the front yard area. These factors result in a unique situation which
does not generally apply to other properties within the RS -2 zone.
Section 2: The Variance is necessary for the preservation and enjoyment of a
right that is possessed by other property owners under like conditions The project site
is currently developed with a single family residence. However, the applicant has the
right to enjoy other areas of the property, including the front yard area. Since the
property has very limited usable rear and side yard area due to the severe slope, the
property owners are deprived of a privilege that is possessed by other property owners
within the same zoning district and citywide. The reduction of the turning radius from
25'-0" to 16'-0" at the driveway area is warranted since the Variance would not provide
the landowner a special privilege that is not currently enjoyed by other property owners
in the area Also, the installation of a 5'-0" high swimming pool wall is also warranted
in order to allow the applicant enjoyment of outdoor space within the front yard area
since the remainder of the property is constricted by topography
Section 3: Granting such a Variance would not be materially detrimental to the
public welfare since the 5'-0" high swimming pool wall will not obstruct any on -coming
traffic or limit the pedestrian path along the adjacent street. Further, the reduction of the
turning radius from 25'-0" to 16'-0" would not be detrimental since vehicles will still be
able to turn around and to exit safely onto the street Therefore, granting a Variance
would not increase the impacts of the existing condition on the lot or be detrimental to
the public welfare
Section 4: The requested Variance to allow the wall to exceed the maximum
height limit of 42" within the front yard area and to reduce the turning radius at the
driveway area from 25% to 16% is consistent with the General Plan since the project
will not change the existing residential condition of the lot and are consistent with
improvements that are routinely permitted in residential zones.
Section 5: The proposed grading of 944 cubic yards complies with the
necessary grading findings since the construction of the new residence and garage are
necessary to accommodate the residential use of the property.
P.C. RESOLUTION NO 2000-21*1
Page 2 A
Section 6: The proposed structure will be constructed in accordance with the
residential development guidelines of the City's Municipal Code. Since the proposal
does comply with all other Code requirements, and the findings related to the Variance
can be made, the proposed project complies with the intent of this finding. Furthermore,
the proposed addition will also be required to comply with all safety standards of the
Uniform Building Codes, and be reviewed, inspected and approved by the Budding and
Safety Division.
Section 7: The proposed swimming pool received under the Site Plan Review
conforms to the Development Code and can be granted since the approval is contingent
upon the approval of the Variance to allow the 5'-0" high swimming pool wall in the front
yard area
Section 8: Any interested person may appeal this decision or any portion of
this decision to the City Council. Pursuant to Chapter 17.80 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 9: For the foregoing reasons based on the information and findings
included in the Staff Report, Minutes and other record of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Variance No 457,
Grading Permit No 2137, and Site Plan Review No. 8693 to: 1) demolish the existing
5,806 square foot residence; 2) grade a total of 944 cubic yards of earth for the
construction of a new 7,767 square foot two-story downslope residence with a three -car
garage, at a height of 26'-9", as measured from the highest existing grade covered by
structure to the top of the roof ridgeline; 3) reduce the required 25-0" turning radius to a
16'-0" turning radius at the driveway area; and 4) install a 5'-0" high plexi glass
swimming pool wall within the front yard area, subject to conditions contained in Exhibit
"A", attached hereto and made a part hereof, which are necessary to protect the public
health, safety and welfare of the area
P.C. RESOLUTION NO. 2000-28
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PASSED, APPROVED, AND ADOPTED this 22nd day of August 2000, by the
following vote:
AYES: Chairman Lyon, Vice Chairman Clark, Commissioners Cartwright,
Vannorsdal, Long, Mueller and Paulson
ABSTENTIONS: None
ABSENT: None
Jel Rqas, AICP (
Dectqf of Planninguilding
arib-42yode Enforcement; and
Secretary to the Planning Commission
M-Wanance\VARIANCE4571RESOLUTION doc
'jZ
I
Frank Lyon
Chairman
P.C. RESOLUTION NO 2000-28
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