PC RES 2003-023P.C. RESOLUTION NO. 2003-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING CASE NO. ZON2003-00230, A
REVISION TO VARIANCE NO. 462 ALLOWING CONTINUATION OF THE
4.7 -FOOT SIDE YARD SETBACK RATHER THAT A 5 -FOOT SETBACK
FROM THE EAST SIDE PROPERTY LINE FOR A PREVIOUSLY
APPROVED ADDITION ON PROPERTY LOCATED AT 27026 FREEPORT
ROAD.
WHEREAS, on May 12, 2003, the applicant/landowner, Martha Gaglio and Carlos
Amezcua, submitted Case No. ZON2003-00230, a revision to Variance No. 462 to allow a
4.7 -foot side yard setback for an addition that was initially approved by the Planning
Commission on December 14, 1999, for property located at 27026 Freeport Road, and,
WHEREAS, on May 12, 2003, Staff deemed the application generally
complete for processing, 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 Case No. ZON2003-00230 would have a
significant effect on the environment and, therefore, the proposed project has been found to
be categorically exempt under Class 1 (Section 15301) since the project involves a revision
to a previously approved addition; 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
May 27, 2003, at which time all interested parties were given an opportunity to be heard
and present evidence.
Section 1: There is an exceptional circumstance since the existing residence was
constructed with a 4.7 -foot side yard setback in the 1950's and the addition was approved
in 1999 to extend from the existing wall along the side, for which the applicant has already
excavated for footings
Section 2: The applicant has already received approval for the addition, which has
allowed the applicant the opportunity to implement a property right to expand the residence.
Section 3: The project was assessed in 1999 with the aide of a temporary
silhouette that illustrated the proposed addition, and it was determined that the project
would not create negative impacts, which continues to be the determination.
Section 4: The reduced setback will continue to be consistent with the objectives
of the General Plan since the addition continues an existing setback that was illustrated
--.through the use of a silhouette in 1999 and determined to be consistent.
Section 5: Any interested person may appeal this decision or any portion of this
decision to the City Council Pursuant to Section 17.02.040.0 1 i 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 6: 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 Case No ZON2003-
00230 for a revision to Variance No 462 to allow a 4 7 -foot side yard setback from the east
side property line for a previously approved addition
PASSED, APPROVED, AND ADOPTED this 27th day of May 2003, by the following vote:
AYES. Cartwright, Cote, Duran Reed, Lyon, Long, Tomblin
NOES None
ABSTENTIONS• None
ABSENT. Mueller
Joel ROjdS, AICD
Director of Planning, Building and
Code Enforcement, and, Secretary
to the Planning Commission
Thomas Long
Planning Commission Cairman
P.0 Resolution No. 2003- 23
Page -2
Exhibit "A"
Conditions of Approval
Case No. ZON2003-00230
(Variance Revision)
1. Approval of Case No ZON2003-00230 is for a revision to Variance No. 462 to allow a
4.7 -foot side yard setback from the east side property line for the previously approved
addition
2 All conditions of approval associated with Variance No. 462, Height Variation No. 891
and Fence Wall, and Hedge Permit No 30, as approved and adopted by the Planning
Commission on December 14, 1999 under P.C. Resolution No. 99-45, shall remain in
full force and effect.
P C Resolution No 2003-23
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