PC RES 2007-027 P.C. RESOLUTION NO. 2007-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO P LOS VE DES APPROVING THE VARIANCE ( N2006-
00510) TO DEMOLISH AN EXISTING DETACHED GARAGE AND
CONSTRUCT A NEW DETACHED GARAGE WITH A REAR SETBACK
OF 5'.
WHEREAS, on September 21, 2006, the applicant submitted an application for a
Variance (Case No. ZON2006-00510), a request to demolish the existing non-conforming,
detached 324 square foot garage and construct a new 392 square foot detached garage in its
place with a rear setback of 5' instead of the minimum required setback of 15'.
WHEREAS, on February 5, 2007, the application for a Variance 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 Variance will have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt
under Class 3 (Section 15303); and,
WHEREAS, after noticed issued on February 7, 2007 pursuant to the requirements of
the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on March 13, 2007, at which time the applicant's request to continue the project
to the public hearing on April 24, 2007 was accepted; and,
WHEREAS, the Planning Commission held a public hearing on April 24, 2007, 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, That the approved project includes the demolition of the existing non-
conforming, detached 324 ft2 garage and the construction of a new 392 ft2 detached garage in
its place. The proposed new garage will have a 5' rear yard setback instead of the minimum
required setback of 15'. The proposed maximum height of the new garage is 12'-8" as
measured from the point where the lowest foundation or slab meets finished grade, to the
ridgeline.
Section 2: That the Variance is warranted since nearly a third of the 20-closest
homes have a detached garage with a non-conforming rear setback accessed via a long
driveway in the side yard. This unique layout of the primary residence resting towards the front
of the lot with a narrow driveway that leads to a detached garage in the rear is not common in
other properties within the same zoning district. Most properties in the RS-3 zoning district
throughout the City of Rancho Palos Verdes have a direct or indirect accessed garage in the
front yard, attached to the primary residence. As such, the distinctive layout of the primary and
detached structures along the properties on Via Lorenzo is an extraordinary circumstance that
does not apply generally to other properties in the same zoning district.
P.C. Resolution No. 2007-27
Page 1 of 5
Section 3: That the Variance is warranted since it is necessary for the preservation
and enjoyment of a substantial property right of the applicant, which right (reduced rear yard
setback) is possessed by a third of the property owners within the 20-closest properties under
like conditions in the same zoning district.
Section 4: That the Variance is warranted since the 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 granting of the Variance will eliminate one existing non-conformity with the
garage and reduce the other. Per the City's Municipal Code, all residences are required to have
a minimum 2-car garage with an interior clearance of 18' (width) by 20' (depth). The existing
detached garage is a 1-car garage that does not comply with the current Code. Therefore,
replacing the current garage with the new proposed garage will eliminate this non-conformity.
The second non-conformity is the rear setback. The existing rear setback is V-3" and the
proposed rear setback is 5'. Although the proposed rear setback of 5' will not meet the required
minimum of 15', it will lessen the extent of the current non-conformity.
Since the proposed project will provide more space between the garage and the property line,
which is more in keeping with the Uniform Building Code requirements of having at least a 3'
separation between a structure and a property line and the proposed project will be required to
obtain a building permit, this is an improvement that will not be materially detrimental to the
public welfare or injurious to property and improvements in the immediate area.
Section 5: That the Variance is warranted since the proposed project is an
improvement to the immediate neighborhood which is consistent with the objectives of the
General Plan. In the General Plan, Urban Environment Policy No. 3 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
applicant is proposing to demolish a non-conforming detached garage and rebuild it to a more
Code compliant structure. Thus, the proposed project is consistent with the intent of the
General Plan.
Section 6: That the proposed height of the garage at 12'-8" can exceed the 12'-0"
maximum height for detached structure because the overall height difference between the
existing and proposed garage is 1" and it will not result in a significant impact on views from the
neighboring properties because there are no views of the subject site.
Section 7: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, May 9,
2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is filed timely,
the Planning Commission's decision will be final at 5:30 PM on May 9, 2007.
Section 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes
hereby approves the Variance for the construction of a 392 square foot detached garage with a
rear setback of 5' (Case No. ZON2006-00510).
P.C. Resolution No. 2007-27
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PASSED, APPROVED AND ADOPTED this 24th day of April 2007, by the following vote:
AYES: pommissionersKnmght,. .Le*rj-s',,,•Rutttnberg �, ,T�ttkiaults,.,.�V:Lce-iChairmanr;.,
Perestam,'Chairman Gerstner
NOES: None
ABSTENTIONS: None
ABSENT: Cbmmissioner Karp
Bill Gerstner,
Chairman
Joel Roj AICP
o P H
Directj Planning,
and C d Enforcement; and,
Secre of the Planning Commission
P.C. Resolution No. 2007-27
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Exhibit"A"
Conditions of Approval
Case No. ZON2006-00510 (Variance and Site Plan Review)
6521 Via Lorenzo
General
1. Approval of this Variance shall not be construed to mean any waiver of applicable and
appropriate zoning regulations, or any Federal, State, County, and City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City of
Rancho Palos Verdes Municipal Code shall apply.
2. The approval shall become null and void after 180 days 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 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. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve
minor modifications to the conditions of approval and/or the approved plans, provided
such modifications will achieve substantially the same results as would strict compliance
with the original plans or conditions.
5. 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. 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.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. The construction site, 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 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.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
P.C. Resolution No. 2007- 27
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9. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
Variance
10. This Variance allows the demolition of the existing non-conforming, detached 324 ft2
garage and the construction of a new 392 ft2 detached garage in its place.
11. The height of the new detached garage shall not exceed the measurements shown on
the stamped plans, approved by the Planning Department. The maximum height shall
not exceed 12'-8", as measured from the point where the lowest foundation or slab
meets the finished grade, to the ridgeline or highest point of the structure.
12. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following: 20' front, 5'
rear, and 5' sides. SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR
REVIEW AND APPROVAL PRIOR TO THE POURING OF FOUNDATIONS.
13. The approved project shall maintain 36.6%, but in no case shall exceed 45% maximum
lot coverage.
14. A foliage analysis conducted by staff revealed no existing foliage that significantly
impairs the protected view form any surrounding properties.
P.C. Resolution No. 2007-27
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