PC RES 2004-035 P.C. RESOLUTION NO. 2004-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING WITH CONDITIONS A MINOR
EXCEPTION PERMIT REVISION (CASE NO. ZON2004-00369) TO ALLOW
THE EXISTING RESIDENCE TO MAINTAIN A NONCONFORMING FRONT
AND STREET SIDE SETBACK, FOR PROPERTY LOCATED AT 4362
EXULTANT DRIVE.
WHEREAS, on February 11, 2004, the Planning Commission approved with conditions
Height Variation, Site Plan Review and Minor Exception Permit Case No. ZON2002-00605 for
the construction of a 1,329 square foot first-story addition and the construction of a new 755
square foot second-story addition to the existing single-family residence; and,
WHEREAS, during construction of the approved additions,the applicant removed more
than fifty percent of the existing walls; and,
WHEREAS, on July 12, 2004, Minor Exception Permit Case No. ZON2004-00369 was
submitted to the Planning Department for review, to allow the existing residence, which has
been demolished by more than 50%, to maintain a non-conforming street side and front yard
setback; and,
WHEREAS, on August 6, 2004 the required public notices for the August 24, 2004
Planning Commission meeting were mailed to adjacent property owners, and a notice was
published in the Peninsula News on August 7, 2004; 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), the
Planning Commission found no evidence that the Minor Exception Permit Revision (Case No.
ZON2004-00369) 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 additions 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
August 24, 2004, 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 requested Minor Exception Permit is warranted because the cost of
requiring the applicant to remove and rebuilt two walls so they comply with current development
standards would be disproportional to the appearance of the walls in relation to the property
lines, and therefore constitute an unnecessary hardship.
Section 2: 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 with conditions Minor
Exception Permit Revision (Case No.2004-00369)to allow the existing residence to maintain a
non-conforming front and streets side setbacks.
Section 3: 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 August 24, 2004, the date of the Planning
Commission's final action.
PASSED, APPROVED, AND ADOPTED this 24th day of August 2004, by the following vote:
AYES: Gerstner, Karp, Knight, Tetreault, Muller
NOES: None
ABSTENTIONS: None
ABSENT: Cute
ti
Craig Muell-r
Chairman
Joe Roja , AICP
Dir:ctor • Planni Puilding and
Cod: ► orcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2004-35
Page 2 of 2
Exhibit "A"
Conditions of Approval
Minor Exception Permit
Case No. ZON2004-00369
1. The applicant/property owner shall submit to the City a statement, in writing that they
have read, understand and agree to all conditions of approval listed below. Failure
to provide said written statement within ninety (90) days of the effective date of
approval shall render this approval null and void.
2. The approval shall become null and void after one (1) year from the date of approval
unless the approved plans are submitted to the Building and Safety Division to
initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's
Development Code. This approval shall become null and void if, after initiating the
"plan check" review process, or receiving a building permit to begin construction,
said "plan check" or permit is allowed to expire or is withdrawn by the applicant.
3. The abandonment or non-use of this approval after a period of one (1) year shall
terminate the approval and any privileges hereunder shall become null and void.
4. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if such
modifications shall achieve substantially the same results as would strict compliance
with said plans and conditions.
5. The project shall substantially conform to the plans stamped approved with the
effective date of this approval.
6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through
Saturday. No work is permitted on Sundays or legal holidays.
7. The construction site and adjacent public and private properties 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 is not
limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete,
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
9. All conditions of Approval for Height Variation, Site Plan Review, and Minor
Exception Permit Case NO. ZON2002-00605 shall remain in full force and effect.
10.1n the event that any non-conforming wall is removed, the applicant shall bring the
walls into compliance with current development standards.