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PC RES 2004-026P.C. RESOLUTION NO. 2004-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING VARIANCE (CASE NO. ZON2004-00108) A REQUEST TO ALLOW THE CONSTRUCTION OF A NEIN 504 SQUARE FOOT DIRECT ACCESS GARAGE AND A 105 SQUARE FOOT STORAGE AREA TO ENCROACH 4'-0" INTO THE 20'-0" FRONT YARD SETBACK AT 4372 ADMIRABLE DRIVE. WHEREAS, on July 11, 2002, the Director of Planning, Building and Code Enforcement approved Landslide Moratorium Exception Permit Case No. ZON2001-00056 to allow the submittal of the necessary Planning Department applications to request approval for a 1,025 square foot first story addition and a new 1,392 square foot second story addition to an existing 2,531.5 square foot residence, and to legalize a non -permitted 672 5 square foot storage, guest room, cabana, and sauna, a non -permitted 200 square foot greenhouse, and a non -permitted 128 square foot view house; and, WHEREAS, on November 26, 2002, the Planning Commission adopted P C. Resolution No. 2002-31, approving with conditions Height Variation, Variance, and Site Plan Review (Case No. ZON2002-00361), to allow the construction of a 1,025 square foot first story addition and a new 1,312 square foot second story addition to an existing 2,531 5 square foot residence (including a two -car garage), and to legalize 672 5 square feet of non -permitted construction; and, WHEREAS, on March 11, 2004, Variance Case No. ZON2004-00108 was submitted to the Planning, Building and Code Enforcement Department for processing; and, WHEREAS, on May 20, 2004 the subject application was deemed complete for processing by Staff; and, WHEREAS, on May 21, 2004 a public notice was mailed to property owners within a 500 foot radius of the subject property informing them of the proposed project. Furthermore, a notice was published in the Palos Verdes Peninsula News on May 23, 3004 ; and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 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), Staff found no evidence that Variance (Case No ZON2004-00108) would have a significant effect on the P.0 Resolution No. 2004-26 Page 1 of 3 environment and, therefore the proposed project has been found to be categorically exempt (Class 3, Section 15303(a)); and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on June 8, 2004, at which all interested parties were given the 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 there are no special circumstances or conditions applicable to the property involved, or to the intended use of the property which do not apply generally to other properties in the same zoning district, since a modification to the proposed garage could be constructed to meet the required front yard setback by demolishing part of the wall between the existing garage and the existing residence, so that it meets the front yard setback requirement Section 2:1 That the Variance is not necessary for the preservation and enjoyment of a substantial right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district, because there are other ways to design the garage so it complies with the side yard setback requirement, although the existing residence and the surrounding residences were built with substandard setback Section 3: That approval of the Variance will cause materially detrimental effects on surrounding properties, in that parking on a reduced driveway length will encroach into the public right of way. Section 4:, � That the Variance request is not contrary to the goals and policies of the General Plan because the development of accessory structures for single-family residences is consistent with this underlying land use designation. Section 5; Any interested party may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02.040.C.1 j 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 the date of the Planning Commission's adoption of this resolution. Section 6:, 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 denies Variance (Case No.ZON2004-00108), thereby denying the request to construct a new 609 square foot direct access garage and storage area to encroach into the required 20'-0" front yard setback. P.C. Resolution No. 2004-26 Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 8th day of June, 2004, by the following vote: AYES: Commissioners Karp, Knight, and Tetreaut NOES: Commissioner Gerstner ABSTENTIONS: None ABSENT: Commissioner VanWagner, Vice Chair Cot and rman Mueller Craig Mueller Chairman Joe jas' A' Dire t r of P la Building and ode Enforcement; t; and, Secretary to the Planning Commission P.C. Resolution No. 2004-26 Page 3 oi-3