PC RES 2008-051 P.C. RESOLUTION NO. 2008-61
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHOPALOS VERDES APPROVING A VARIANCE
R AN ACCESSORY STAIRCASE STRUCTURE(PLANNING
CASE o N2008®00489) WITHIN THE FRONT YAR
SETBACK OF AN EXISTINGSINGLE-FAMILY RESIDENTIAL
LOT, LOCATED AT 28060 LOBROOK DRIVE
WHEREAS, on September 15, 2008, property owner and applicant, Dr. and Mrs. Pack,
submitted an application for Planning Case No. ZON2008-00489 for a Variance request to
remove an existing non-conforming entry staircase and construct a new entry staircase located
within the front yard setback of the property located at 28060 Lobrook Drive.
WHEREAS, on October 14, 2008, the application was deemed complete for processing
and a Public Notice was published in the Peninsula News on November 1, 2008 and mailed to
all property owners who reside within a 500-foot radius of the subject property; 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 would have a significant effect
on the environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15301(e)); 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
November 25, 2008, 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 14 The Variance to allow an accessory structure (staircase) to be located
within the 20-foot front yard setback can be approved because:
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property involved as the proposed staircase structure within the front yard setback is
necessary due to the fact that the front door is located on the second story,the lot is
a hillside property and the existing residence is located only 9'-9" from the front
property line
B. The proposed staircase is necessary for the preservation and enjoyment of a substantial
property right of the applicant,which is possessed by other property owners in the same
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zoning district as there are other two story staircases that are prevalent in the
immediate hillside neighborhood.
C. Granting the variance will not be materially detrimental to the public welfare or
injurious to the property and improvements in the area in which the property is
located because the owner proposing the new entry staircase will obtain approval of
a building permit for the new structure, which will ensure structural stability.
D. Granting the variance will not be contrary to the objectives of the General Plan as
the development and improvement of single-family residences and related
accessory structures—such as the proposed entry staircase—is among the primary
permitted uses within this land use designation and is consistent with the 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."
Section 2e Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)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,the date of
the Planning Commission's final action. The appeal period will expire at 5:30 PM on January 7,
2009.
Section 3: 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 for
an accessory structure (staircase)within the front yard setback (Planning Case No. ZON2008-
00489) located at 28060 Lobrook Drive, subject to the conditions of approval in the attached
Exhibit 'A'.
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PASSED,APPROVED,AND ADOPTED this 11th day of December 2008, by the following vote:
AYES: Commissioners Knight, Ruttenberg, Tomblin and Chairman Farestam
NOES:
ABSTENTIONS:
ABSENT: Commissioners Gerstner, Tetreault and Vice Chairman Lewis
RECUSALS:
Steph?n Perestarn
Chairman
ade'djase, 4
Director of Planning, Building
and Code Enforcement; and,
Secretary to the Planning Commission
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Fii IT °
CONDITIONS F APPROVAL FOR
PLANNING A 200 ffi 48
(28060 Loroo rive)
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 listed below. Failure to
provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. This approval is for the rebuild an accessory structure (staircase)to be constructed
within the front yard of the existing three-story 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 Grading Permit Case No. ZON2006-00490 by
the Planning Commission and shall require new and separate environmental review.
3. 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.
4. 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.
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.
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6. 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.
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 hundred eighty days (180) of the
final effective date of the Notice of Decision, 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 date of the Notice of Decision.
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 50% lot coverage.
13. 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 fight source is
physically located.
14. All landscaping and construction activities shall exercise effective dust control
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techniques, either through screening and/or watering.
15. 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.
16. Grading shall not exceed 20 cubic yards. No additional grading is approved with
this project.
17. All walls located within the front yard setback shall not exceed a maximum height of
42".
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