PC RES 2008-032 P.C. RESOLUTION NO. 2008-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A VARIANCE AND SITE
PLAN REVIEW (ZON2008-00303) TO CONVERT AN EXISTING 416FT2
GARAGE INTO A FAMILY ROOM, CONSTRUCT A 242FT2 ADDITION,
AND CONSTRUCT A NEW 46FT2 GARAGE WITH A REDUCED
FRONT YARD SETBACK OF 1 ', TO AN EXISTING RESIDENCE
LOCATED 4008 MIRALESTE DRIVE.
WHEREAS, on June 11, 2008, the applicant submitted an application for a Variance and
Site Plan Review (Case No. ZON2008-00303), a request to convert an existing 416ft2 garage
into a family room, construct a 242ft2 addition, and construct a new 446ft2 garage to the front of
an existing single story residence. The new garage is proposed with a reduced front yard
setback of 15', while the code requires 20'.
WHEREAS, on July 23, 2008, the application for a Variance and Site Plan Review 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), Planning Commission found no evidence that the Variance and Site Plan Review
will have a significant effect on the environment and, therefore, the proposed project has been
found to be categorically exempt under Class 3 (Section 15301); and,
WHEREAS, after noticed issued on August 20, 2008, pursuant to the requirements of
the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on September 9, 2008, 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 conversion of an existing 416ft2
garage into a family room, while maintaining the non-conforming front yard setback of 15'. The
request also includes a 242ft2 addition and the construction of a new 446ft2 garage to the front
of an existing single story residence. The proposed new garage will align with the existing front
yard structure setback of 15'.
Section 2: That the Variance is warranted since 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.
Specifically, similar to the subject parcel, parcels located on the north side of Miraleste Drive
contain an extreme downslope to the rear that takes up at least one quarter or more of the
entire parcel, which is not suitable for development. As such, most (18 of 20) of the immediate
properties have a non-conforming front yard setback due to the limitations in buildable area.
This unique layout of the Miraleste neighborhood is not common in other properties in the same
zoning district.
P.C. Resolution No. 2008-32
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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 is possessed by other
property owners under like conditions in the same zoning district. Specifically, most of the
homes (18 or 20) within the immediate neighborhood have a non-conforming front yard setback,
ranging from approximately 0' to 15'. This unique feature creates a neighborhood with garages
and portions of the primary residence resting towards the front of the lot within the front yard
setback area. This distinctive characteristic of the Miraleste neighborhood is not common in
other properties within the same zoning district. Although a non-conforming front yard setback
is typically not a right possessed by property owners in other neighborhoods of the City, it is
most important to note that most (18 of 20) property owners in the immediate neighborhood are
under like conditions as the subject property owner. As such, granting the Variance to allow the
new garage to maintain a non-conforming 15' front yard setback would allow the applicant to
enjoy a substantial property right that is already possessed by other property owners within the
Miraleste neighborhood.
Section 4: That the Variance is warranted since it will not be materially detrimental to
the public welfare or injurious to property and improvements in the area in which the property is
located. Specifically, granting of the Variance will not intensify the existing non-conforming 15'
front yard setback. Given that most (18 of 20) properties within the immediate neighborhood
have a non-conforming front yard setback that is similar if not less than the subject property; the
non-conforming setback is an element that maintains the unique character of the Miraleste
community. More importantly, the Miraleste neighborhood contains a rather large parkway that
is not typically found in other neighborhoods of the City and the property owner will continue to
be able to park on their driveway without affecting other properties, pedestrians and vehicles
traveling along the Miraleste ®rive right-of-way. Therefore, the proposed project will not be
materially detrimental to the public welfare or injurious to other properties and improvements.
Section 5: That the Variance is warranted since granting the Variance will not be
contrary to the objectives of the general plan or the policies and requirements of the coastal
specific plan. Specifically, the applicant is proposing to improve and expand the existing home
in a manner that is consistent with other design elements and setbacks found in neighboring
properties. Granting the proposed request is consistent with the intent of the General Plan
because it does encourage the improvement of an existing residence which helps maintain the
local standards of housing quality and design.
Section 6: That the Site Plan Review is warranted since the proposed project is
compatible with the characteristics of the immediate neighborhood in regards to architectural
style, mass and bulk, size, open space and setbacks. The proposed project utilizes the same
materials and design elements found in the existing residence and other neighboring homes,
and the size of the resulting structure will be less than the neighborhood average. Furthermore,
the proposed project maintains the existing one story element and the resulting structure design
('U' shaped) is consistent with other neighboring properties. Additionally, the proposed 15'
setback and open space are consistent with the immediate neighborhood.
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, September
24, 2008. A $1,344.00 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 September 24, 2008.
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Section 8e 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 and Site Plan Review for a 416ft2 garage conversion, a 242ft2
addition and a new 446ft2 garage with a reduced front yard setback of 15' (Case No. ZON2008-
00303).
PASSED, APPROVED AND ADOPTED this 9th day of September 2008, by the following vote:
AYES: Commissioner Knight, Ruttenberg, Tetreault, Tomblin, Vice Chairman Lewis,
Chairman Perestam
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Chairman Gerstner
Stephen Perestam,
Chairman
Joeloja , AICP
Dire for o Plannin ), uilding
and Enforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2008-32
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EXHI IT'A'
CONDITIONS OF APPROVAL FOR
4008 MIRALESTE DRIVE
General Conditions:
1. 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 the date of this
approval shall render this approval null and void.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall
obtain an encroachment permit from the Director of Public Works for any curb cuts,
dumpsters in the street or any other temporary or permanent improvements within the
public rights-of-way.
3. 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.
4. 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 by the final body that approved the original project,
which may require new and separate environmental review.
5. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
6. Failure to comply with and adhere to all of these conditions of approval is cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
7. If the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within one year of the final effective date of this Resolution,
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 Planning, Building and
Code Enforcement and approved by the Director.
8. 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.
9. 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
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date of this Resolution.
10. 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.
11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, 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 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 in this condition.
12. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 45% lot coverage (28% proposed) and the following
setbacks from the applicable property lines:
Front 15 feet
Side (E) 5 feet (12'-4" proposed)
Side (W) 5 feet (15'-0" proposed)
Rear 15 feet (72'-2" proposed)
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. Maximum hardscape coverage within the front-yard setback area (between the front
property line and the closest building facade) shall not exceed 50%.
14.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.
15. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of a
parcel of property or properties other than that upon which such light source is physically
located.
16. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
17. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by the
City's Building Official. Said portable bathrooms shall be subject to the approval of the
City's Building Official and shall be placed in a location that will minimize disturbance to
the surrounding property owners.
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Protect Specific Conditions:
18. This approval allows:
i. The conversion of an existing 416ft2 garage to a family room;
ii. The construction of a 242ft2 addition to the side of the home;
iii. And the construction of a new 446ft2 garage to the front of the home with a
reduced setback of 15'.
19. The height of the additions shall not exceed the measurements shown on the stamped
plans, approved by the Planning Department. The maximum height of the additions
shall not exceed 15'-9", as measured from the point where the lowest foundation or slab
meets the finished grade, to the ridgeline or highest point of the structure.
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