PC RES 2010-026 P.C. RESOLUTION NO. 2010-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
VARIANCE AND SITE PLAN REVIEW PERMIT TO ALLOW THE
DEMOLISHION OF AN EXISTING 252 SQUARE FOOT BARN AND
CONSTRUCTION OF A NEW 800 SQUARE FOOT DETACHED
GARAGE SHOP WITHIN THE REAR YARD SETBACK AREA
LOCATED AT 2422 COLT ROAD (ZON2009-00367).
WHEREAS, on September 14, 2009, the applicant and homeowner submitted a Site
Plan Review application, with Neighborhood Compatibility, to the Community Development
Department; and,
WHEREAS, after additional information was submitted on September 25, 2009, on
September 28, 2009, the application was deemed incomplete; and,
WHEREAS, after additional information was submitted again on March 1, 2010 and
March 17, 2010, the application was deemed generally complete for processing on March 17,
2010; and,
WHEREAS, on March 22, 2010, notice of the application was sent to all property owners
within 500 feet of the subject site; and,
WHEREAS, on March 25, 2010, the notice of application was published in the Palos
Verdes Peninsula News; and,
WHEREAS, July 2, 2010, a Variance application was submitted; and,
WHEREAS, on July 13, 2010, Staff deemed the application complete; and,
WHEREAS, on July 19, 2010, a revised notice of public hearing was sent to all property
owners within 500 feet of the subject site; and,
WHEREAS, on July 22, 2010, the revised notice of public hearing was re-published in
the Palos Verdes Peninsula News; 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 and Site Plan Review application 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, on August 10, 2010, the Planning Commission held a public hearing, 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:
P.C. Resolution No. 2010-26
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Section 1: The Variance and Site Plan Review request is for the demolition of an
existing 252 square foot barn structure and construction of a new detached 800 square foot
garage shop within the rear yard setback area, measuring 4'-4" from the edge of the right-of-
way easement.
Section 2: There are exceptional and extraordinary circumstances applicable to the
property which does not apply generally to other property in the same zoning district, as there
are two right-of-way easements traversing the front and rear of the property, as well as a hillside
setback, that restrict the subject property more than other properties in the area.
Section 3: A Variance is necessary for the preservation and enjoyment of a
substantial property right of the property owner, as the reduced rear yard setback allows the
subject residents to have a usable space that continues to allow sufficient use and preservation
of the rear yard.
Section 4: Granting the Variance will not be materially detriment to the public welfare
or injurious to property and improvements in the area, as the proposed garage shop will be
located in the same location as the existing barn structure, and is set far enough away from
neighboring property structures to not impact views, property enjoyment nor accessibility.
Section 5: Granting the Variance will not be contrary to the objectives of the General
Plan, as the proposed garage shop is an accessory structure that has been found to be
compatible with the neighborhood, and an accessory structure to the main residence that allows
the property owner to enjoy their hobbies and property.
Section 6: The scale of the proposed garage shop is compatible with the immediate
area, as total square footage of structures on the property is within the scale of other residence
sizes; is hidden behind the main residence in the back yard; is not easily seen from the road;
and the overall lot coverage does not exceed that which is allowed by the zoning,nor what is
seen in aerial photos of the neighborhood.
Section 7: The architectural style of the proposed garage shop is compatible with the
immediate area, as the proposed project was designed to match the materials of the main
residence, as well as reflect other architectural features seen among the residences in the
immediate neighborhood; the structure height does not significantly impair the view from the
viewing areas of surrounding properties; and, the bulk and mass of the proposed project is
balanced out by the amount of space around the structure and between neighboring property
structures.
Section 8: The proposed 15'-6" tall garage may exceed the 12'-0" maximum height
for accessory structures as there are no significant impacts to views from other properties, and
will not exceed the maximum allowable by-right height for residential structures (16'-0").
Section 9: The setbacks for the proposed garage are compatible with the immediate
area, as there were other structures observed in the immediate neighborhood that currently
meet or encroach within the required setback standards in a similar manner as the proposed
garage shop. Additionally, the proposed location, while within the required rear yard setback,
still affords comparable space between adjoining property structures, as well as for the subject
property main residence.
P.C. Resolution No. 2010-26
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Section 10: 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, August 25,
2010. A $2,255.00 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 August 25, 2010.
Section 11: For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby conditionally approves the Variance and Site Plan Review Permit, subject to the
conditions set forth in the attached 'Exhibit A' (Case No. ZON2009-00367).
PASSED, APPROVED AND ADOPTED this 10th day of August 2010, by the following vote:
AYES: Commissioners Emenhiser, Knight, Leon, Lewis, Chairman Gerstner
NOES: None
RECUSALS: None
ABSTENTIONS: None
ABSENT: Commissioner Tetreault and Vice Chairman InKin
Arl
CD
Bill Gerstner, P
Chairman
Joel oja , AICP
Co muni y Develop ent irector; and,
Sec etar of the Pla n' Commission
P.C. Resolution No. 2010-26
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Exhibit"A"
CONDITIONS OF APPROVAL
CASE NO. ZON2009-00367 (VAR, SPR)
2422 COLT ROAD
1. Approval of this Variance and Site Plan Review Permit 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 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, 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 Community Development Director 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. This approval of a Variance and Site Plan Review Permit is for the demolition of the
existing 252 square foot barn structure and construction of a new 800 square foot
garage shop in the rear yard area of an existing single-family residential property.
5. 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:
Front Yard: 20'-0"
Rear Yard: 4'-4" (as measured from the 25 foot right-of-way easement;
29'-4" feet from the rear property line)
Side Yard: 5'-0" (8'-4" proposed along the eastern interior property line)
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, REAR YARD
SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR
ENGINEER PRIOR TO THE POURING OF FOOTINGS FOR THE PROPOSED
STRUCTURE.
6. The height of the proposed garage shop is limited to 15-6" tall, as measured from the
lowest adjacent grade to the structure (109') to the proposed ridgeline (1245).
7. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of forty (40%) percent lot coverage (35% proposed).
8. No grading is allowed through this approval.
9. No businesses shall be conducted on the property without approval of a home
occupation application, per Development Code Section 17.08.
P.C. Resolution No. 2010-26
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10. Prior to building permit issuance, the property owner shall submit a covenant to the City
agreeing that the proposed garage shop shall not be converted or used as a second
dwelling unit, without prior approval from the City.
11. Because the proposed garage shop was considered a garage for the purpose of its
ability to exceed the 12-foot height limit for accessory structures, the detached garage
cannot be converted to a non-garage use without the appropriate approval by the City.
12. The Community Development Director 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. Any modifications the Director does not deem minor requires approval
from the original final decision body.
13. 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.
14. 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 single-
family residential development standards of the City's Municipal Code.
15. 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.
16. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
17. Failure to comply with and adhere to all of these conditions of approval may be 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.
18. 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.
19. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
20. The construction site shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on the construction site if required by
the City's Building Official. Said portable bathrooms shall be subject to the approval of
P.C. Resolution No. 2010-26
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the City's Building Official and shall be placed in a location that will minimize disturbance
to the surrounding property owners.
21. Any mechanical work or repair of vehicles in the detached "garage shop" shall be
prohibited between the hours of 10:00 PM to 8:00 AM, Monday through Sunday.
P.C. Resolution No. 2010-26
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