PC RES 2000-0437
P.C. RESOLUTION NO. 2000-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING VARIANCE NO. 479 FOR THE
LEGALIZATION OF A 8'6" -HIGH, 120 SQUARE FOOT, AFTER -THE -FACT
GREENHOUSE STRUCTURE AT THE REAR OF THE PROPERTY, WITH
A 3 -FOOT SETBACK FROM THE REAR PROPERTY LINE, WHERE THE
CITY'S DEVELOPMENT CODE REQUIRES A 15 -FOOT MINIMUM, FOR
PROPERTY LOCATED AT 29524 STONECREST ROAD.
WHEREAS, on February 4, 1998, Grading Permit No. 1990 and Site Plan Review
No. 8119 were approved for the construction of a 701 square foot one-story addition at the
rear of the existing residence, and 40 cubic yards of grading to accommodate a 208 square
foot wine cellar below the new building footprint, and a potting area, and,
WHEREAS, on April 29, 1998, Site Plan Review No. 8257 was approved for the
construction of a 224 square foot detached trellis and the relocation of the walls for a 120
square foot potting area at the southeast corner of the property; and,
WHEREAS, on April 26, 2000 the Code Enforcement Division received a complaint
regarding the construction of a greenhouse at the subject property, and in response to the
complaint, Staff conducted a site visit to the residence, found that the potting area had
been illegally enclosed and covered to create a greenhouse structure, with a maximum
height of 8'6", and,
WHEREAS, on September 26, 2000, the landowners, Barbara and Harry
Wurmbrand, submitted Variance No 479, requesting approval to legalize the 8'6" -high, 120
square foot greenhouse structure with a 3 -foot setback from the rear property line; and,
WHEREAS, on November 2, 2000, the application 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 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 479 would have a significant effect
on the environment and, therefore, the proposed project has been found to be categorically
exempt under Class 3 (New Construction) since the project involves a detached accessory
structure that is ancillary to the residential use of the property; 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 December 12, 2000, at which time all interested parties were given an opportunity to be
heard and present evidence,
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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 is not subject to exceptional or extraordinary
circumstances or conditions which do not apply generally to other properties in the RS -4
zoning district. The subject property contains 9,002 square feet in lot area, is generally flat
and rectangular in shape, which is not unique when compared to other properties in the
immediate area or in the RS -4 zoning district
Section 2: The variance is not necessary for the preservation and enjoyment of
a substantial property right, since the property is currently developed with a single-family
residential structure Further, the variance would grant a special privilege not enjoyed by
others in the area or zone since the other properties located in the neighborhood do not
have similar, structures encroaching into the rear and side setback areas.
Section 3: The granting of the variance would not be detrimental to the public
welfare or injurious to property and improvements in the area in which the property is
located The greenhouse structure will not be readily visible from other residences nor from
the street, and the resulting lot coverage will be less than the maximum permissible for the
property
Section 4: The variance would not be contrary to the objectives of the General
Plan or the policies and requirements of the Coastal Specific Plan The development of
accessory structures (i e , greenhouse structure) for a single-family residence is consistent
with this underlying land use designation since the Development Code allows for such
structures to be constructed as an ancillary use to the residential use of the property.
Section 5: 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 denies Variance No. 479 for the
legalization of the 8'6" -high, 120 square foot greenhouse structure with a 3 -foot setback
from the rear property line
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 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 December 12,
2000, the date of the Planning Commission's final action.
P.C. Resolution No. 2000-43
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PASSED, APPROVED, AND ADOPTED this 12th day of December 2000, by the following
vote
AYES: Cartwright, Long, Lyon, Mueller, Paulson, Vannorsdall
ABSTENTIONS: None
ABSENT: Clark
46r -
el R�jas, AICP
�irecj& of Plannin , 1�uilding and
Cbd-e Enforcement, nd, Secretary
to the Planning Commission
--Z
7,
Frank Lyon
Planning Commission Chairman
P C Resolution No. 2000-43
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