PC RES 2001-0060 0
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING VARIANCE NO. 483 AND
COASTAL PERMIT NO. 171 FOR THE ENCLOSURE OF AN EXISTING
120 SQUARE FOOT COVERED PATIO AT THE REAR OF THE EXISTING
RESIDENCE THAT IS PARTIALLY LOCATED WITHIN THE COASTAL
SETBACK ZONE, THAT WILL MAINTAIN THE EXISTING MINIMUM 10 -
FOOT REAR YARD SETBACK WHERE THE DEVELOPMENT CODE
REQUIRES A 15 -FOOT MINIMUM SETBACK, LOCATED AT 4125
MARITIME ROAD, WHICH IS WITHIN THE APPEALABLE AREA OF THE
CITY'S COASTAL ZONE.
WHEREAS, on June 24, 1987, Minor Exception Permit No. 244 and Coastal Permit
No. 28 were approved for a 20% reduction in the 25 -foot Coastal Structure Setback to
accommodate a 396 square foot addition; and,
WHEREAS, on March 10, 1992, the Planning Commission approved Variance No
321 and Coastal Permit No 110 for a 250 square foot expansion to the living room, which
is located in the Coastal Setback Zone, and,
WHEREAS, on February 22, 2001, the property owner, Ron Maricich, submitted an
application for Variance No. 483, requesting approval for a 120 square foot patio deck
enclosure at the rear of the structure that would encroach 5 feet into the required 15 -foot
rear yard setback, and,
WHEREAS, on February 27, 2001, the application was deemed incomplete pending
the submittal of additional information; and,
WHEREAS, on March 12, 2001, Coastal Permit No 171 was submitted to augment
Variance No. 483; and,
WHEREAS, on April 2, 2001, Variance No 483 and Coastal Permit No 171 were
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 483 and Coastal Permit No. 171
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt under Class 1 (Existing Structures) since the project
involves an addition to an existing residential structure; 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 April 24, 2001, 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 is subject to exceptional or extraordinary
circumstances or conditions which do not apply generally to other properties in the RS -5
zoning district, and the project site is different from other properties in the neighborhood in
a material way. Since the property contains a non -conforming structure due to the
configuration of the existing structure on the lot, and the location of the Coastal Setback
Line and Coastal Structure Setback Line traversing the subject property, feasible locations
to add to the existing residence are limited
Section 2: The variance is necessary for the preservation and enjoyment of a
substantial property right which is possessed by other property owners since other
properties are not affected by the Coastal Setback Lines. Further, other properties can
accommodate additions to the residential structures without encroaching into the required
setback areas.
Section 3: The granting of the variance will not be detrimental to the public
welfare or injurious to property and improvements in the area in which the property is
located The structure currently maintains non -conforming setbacks, and the enclosure will
follow the existing setbacks of the covered patio deck, which is a minimum 10 -feet and
maximum 13'6". Further, the location of the enclosure is the most feasible location since
the area does not effect lot coverage, and the enclosure will not further reduce the existing
setback Lastly, other parcels in the Portuguese Bend Club have been granted variances
for similar requests for reductions in the setback requirements.
Section 4: The variance is not contrary to the objectives of the General Plan or
the policies and requirements of the Coastal Specific Plan in that the enclosure will not be
detrimental to the public welfare, or injurious to property and improvements in the area
since the additional floor area will be accommodated by enclosing an existing covered patio
deck and will not further reduce any of the existing setbacks or lot open space
Section 5: The proposal is consistent with the City's Coastal Specific Plan since
the addition will not alter the existing primary use or density of the property, and will be
consistent with the residential uses in the area
Section 6: The corridor element of the City's Coastal Specific Plan indicates there
is no current or future coastal access through the subject property, nor are there any
infrastructure easements or rights-of-way on the property that might be used for coastal
access
Section 7: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
P C Resolution No 2001-06
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0 0
Commission of the City of Rancho Palos Verdes hereby approves Variance No. 483 and
Coastal Permit No 171 for the enclosure of an existing 120 square foot covered patio at
the rear of the existing residence following the existing rear yard setback of the covered
patio deck, subject to the conditions contained in Exhibit "A" attached hereto.
Section 8: 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 April 24, 2001, the
date of the Planning Commission's final action
PASSED, APPROVED, AND ADOPTED this 24th day of April 2001, by the following vote
AYES Cartwright, Clark, Lyoft-ioMueller, Paulson
NOES None
ABSTENTIONS: Long
ABSENT Vannorsdall
iopi Kpias, AICP
Dikc-J6r of Plann Iuilding and
Code Enforcemen nd, Secretary
to the Planning Commission
Frank Lyon'
P C. Resolution No 2001- 06
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