PC RES 2006-046 P.C. RESOLUTION NO. 2006-46
RESOLUTION F THE PLANNING MISSION OF THE
CITY OF RANCHO PALPALOS VERDEVERDES CONDITIONALLY
APPROVING VARIANCE, MINOR EXCEPTION PERMIT
AND SITEPLAN REVIEW(PLANNING CASE N . Z 2006-
07 ) FOR AFTER-THE-FACT LEGALIZATION F AN
EXISTING 627-SQUARE-FOOT DETACHED GARAGE/
WORKSHOP, AND THE CONSTRUCTION F NEW, 285-
SQUARE-FOOT
-AR -F T 1® T Y ADDITIONS TO AN EXISTING
1-STORY I L -FA ILY RESIDENCE, LOCATED T 1958
HOMEWORTH DRIVE
WHEREAS, on February 7, 2006, the applicants, Michael and Mary Kucura,
submitted an application for Planning Case No. ZON2006-00078 for a minor exception
permit and site plan review for 285-square-foot additions to their existing 1-story single-
family residence on an pad lot on Homeworth Drive; and,
WHEREAS, the City subsequently determined that the existing, non-conforming
detached garage/workshop was not permitted, thereby necessitating the approval of an
after-the-fact variance; and,
WHEREAS, on May 9, 2006,the Kucuras submitted an after-the-fact application for
a variance and requested a waiver of the variance penalty fee; and,
WHEREAS, on June 6, 2006, the City Council considered and granted the Kucuras'
request for a waiver of the variance penalty fee; and,
WHEREAS, on July 27, 2006, the application for Planning Case
No. ZON2006-00078 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 Regulations, 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 the approval of the requested variance, minor
exception permit and site plan review would have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt (Section
15301(e)(1)); 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 22, 2006, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for a variance to legalize an existing, non-conforming 627-
square-foot garage/workshop on the subject property:
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property involved, or to the intended use of the property, which do not apply
generally to other property in the same zoning district. Eleven (11)other homes in
the immediate area have replaced their original attached 1-car garages with
detached 2-car garages that encroach upon the City's current rear-and/or side-yard
setback areas. Of these eleven (11) homes, all but one were constructed under the
County's jurisdiction, at a time when such detached accessory structures were
permitted to encroach upon the required rear-and side-yard setbacks. Based upon
the City's permit history, the garage on the applicants' property was clearly
constructed during this same time period, but for unknown reasons there is no
permit record of the structure. This constitutes an exceptional or extraordinary
circumstance that does not apply to the other similarly-situated homes in the area.
B. Such variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant, which right is possessed by other property owners
under like conditions in the same zoning district. The existing garage was
constructed at least thirty-three (33) years prior to the applicants' purchase of the
property in 1998. The complete removal and reconstruction of the garage in
compliance with the City's current setback requirements would constitute a
significant financial hardship, and would probably also conflict with the continued
use and enjoyment of the existing house, which is fully permitted according to the
City's records. In addition, at least eleven (11) other homes in the immediate
vicinity enjoy the right to have a detached garage located within the rear-yard
setback area without the approval of a variance. As such, the denial of the
requested variance would deprive the applicants of a right enjoyed by many other
similarly-situated properties in the immediate vicinity.
C. Granting the variance will not be materially detrimental to the public welfare or
injurious to property and improvements in the area in which the property is located.
The approval of the requested variance will allow the applicants to maintain the two
(2) enclosed off-street parking spaces that they are currently required to maintain
under City code. Eleven (11) other properties in the immediate vicinity have had
similar garages for many years with no apparent adverse impact upon other
properties. In addition, since the applicant will be modifying the existing garage as a
part of the project so as to reduce the overall lot coverage, review by the City's
Building and Safety Division will be required.
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D. Granting the variance will not be contrary to the objectives of the General Plan or
the policies and requirements of the Coastal Specific Plan. The General Plan land
use designation for the subject property is Residential, 4-6 DU/acre. The
development and improvement of single-family residences and related accessory
structures—such as the garage/workshop—are among the primary permitted uses
within this land use designation. This is also reflected in Housing Activity Policy No.
3 of the General Plan (p. 78),which calls upon the City to"[encourage]and assist in
the maintenance and improvement of all existing residential neighborhoods so as to
maintain optimum local standards of housing quality and design." The proposed
project implements this policy. The property is not located within the City's coastal
zone, so its consistency with the policies and requirements of the Coastal Specific
Plan are not relevant.
Section 2: The Planning Commission makes the following finding of fact with
respect to the application for a minor exception permit to allow modification to the existing
garage/workshop and driveway and additions to the existing residence that result in 57.6-
percent lot coverage in an area zoned for maximum lot coverage of fifty percent (50%):
A. The requested minor exception is warranted by an unnecessary hardship. Similar
to the discussion of the variance findings above, the removal and/or major
reconstruction of the garage/workshop to comply with the City's current lot coverage
requirement would constitute a significant financial hardship for the applicants, and
would probably also conflict with the continued use and enjoyment of the existing
house, which is fully permitted according to the City's records. In addition, the
applicants purchased the property in 1998 with no knowledge that the garage was
not permitted, and the City's records indicate that the garage has been in place on
the property for at least forty-one (41)years. As such, it is evident that the denial of
a minor exception permit would present an unnecessary hardship to the applicants.
Furthermore, the applicants have shown good faith by agreeing to modify the
garage/workshop and driveway so that the existing, non-conforming lot coverage
condition is not exacerbated by the proposed project.
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for site plan review for 285-square-foot 1-story additions to the
existing 1-story single-family residence:
A. The proposed 285-square-foot additions comply with the development standards of
the RS-4 zoning district and slightly reduce the existing non-conforming lot
coverage.
B. The proposed project is compatible with the character of the immediate
neighborhood in terms of the scale of surrounding residences, including total square
footage and lot coverage of the residence and all ancillary structures; architectural
styles, including facade treatments, structure height, open space between
P.C. Resolution No. 2006-46
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structures, roof design, the apparent bulk or mass of the structure, number of
stories, and building materials; and front-, side-, and rear-yard setbacks.
Section 4® Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.64.060, 17.66.060
and 17.80.070(A) of the Rancho Palos Verdes Municipal Code, any such appeal must be
filed with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate appeal fee, no later than
fifteen (15) days following August 22, 2006, the date of the Planning Commission's final
action.
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 conditionally approves a variance,
minor exception permit and site plan review(Planning Case No. Z®N2006-00078)for after-
the-fact legalization of an existing 627-square-foot detached garage/workshop, and the
construction of new, 285-square-foot 1-story additions to an existing 1-story single-family
residence, located at 1958 Homeworth ®rive, subject to the conditions of approval in the
attached Exhibit 'A'.
P.C. Resolution No. 2006-46
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PASSED, APPROVED, AND ADOPTED this 22 nd day of August 2006, by the following
vote:
AYES: Commissioners Karp, Perestam and Ruttenberg, Vice Chairman,
Gerstner and Chairman Knight
NOES: none
ABSTENTIONS: Commissioner Lewis
ABSENT: Commissioner Tetreault
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2006-00078
(Kucura, 1958 Horneworth Drive)
General Conditions:
I Prior to the submittal of plans into Building and Safety plan check,the applicant and
the property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified,all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for after-the-fact legalization of an existing 627-square-foot
detached garage/workshop, and the construction of new, 285-square-foot 1-story
additions to an existing 1-story single-family residence. The Director of Planning,
Building and Code Enforcement is authorized to make minor modifications to the
approved plans and any of the conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the approved
plans and conditions. Otherwise, any substantive change to the project shall
require approval of a revision to the variance, minor exception permit and/or site
plan review by the Planning Commission and shall require new and separate
environmental review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-4 district
development standards of the City's Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless, prior
to expiration, a written request for extension is filed with the Department of
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Planning, Building and Code Enforcement and approved by the Director.
Otherwise, a variance, minor exception permit and/or site plan review revision must
be approved prior to further development.
7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department,the stricter standard
shall apply.
8. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of this Resolution.
9. The construction site and adjacent public and private properties and streets 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 not be 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.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 P , Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks and other construction vehicles shall not park, queue and/or idle at
the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated
above.
Variance Conditions:
11. The applicant shall obtain a building permit for the garage/workshop, including the
approved modifications to reduce its building footprint.
12. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20° in depth, with minimum 7' vertical clearance.
13. The garage/workshop shall maintain the current setbacks of thirteen inches (13")
from the rear property line, two feet (2'-0") from the easterly side property line and
twenty-three feet ten inches (23'-10") from the westerly side property line.
Minor Exception Permit Conditions:
14. The approved project shall maintain a maximum of 57.6% lot coverage with the
approved modifications to the existing driveway and garage/workshop, and the
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approved additions to the main house. LOT COVERAGE CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to
building permit final.
15. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
Site Plan Review Conditions:
16. This approval is for 285-square-foot, 1-story additions to an existing 1-story single-
family residence.
17. The maximum ridgeline of the approved project is 15.81'.
18. The approved residence shall maintain setbacks of 21'-0" front, 39'-3" rear, 10'-0"
east side and 5'-0"west side.
19. PRIOR TO BUILDING PERMIT FINAL, the following actions shall be taken:
a. The existing abandoned driveway approach at the west side of the front of
the property shall be removed, subject to the review and approval of the
Director of Public Works.
b. The existing concrete walkways parallel to the front of the house and along
the westerly side property line shall be removed, and these areas shall be
maintained as unpaved areas.
M:\Projects\ZON2006-00078(Kucura,1958 Horneworth Dr)\PC Resolution 2006-46.doe
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