PC RES 1993-045 1 7
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P.C. RESOLUTION NO. 93-45
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 177 TO ALLOW
CONSTRUCTION OF A 1,200 SQUARE FOOT "SECOND
UNIT" WITH KITCHEN FACILITIES AND A DETACHED
GARAGE ON PROPERTY LOCATED AT 6100 VIA SUBIDA
WHEREAS, on September 3, 1993, Mr. Scott Yanof sky, on behalf
of Mr. and Mrs. Marvin Winkler, submitted a request for Conditional
Use Permit No. 177 to allow construction of a 1,200 square foot
"second unit" separate from the main residential structure with its
own kitchen facilities and a detached garage on property located at
6100 Via Subida; 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
Regulation, Title 14, Section 15000 et. seq. , the City's Local CEQA
Guidelines, and Government Code Section 65952.5 (e) (Hazardous Waste
and Substance Statement) , an Initial Study has been prepared in
association with Environmental Assessment No. 657, and a Negative
Declaration has been issued which states that, while there may be
impacts associated with construction on the subject property, the
impacts are not considered significant; and,
WHEREAS, after notice issued pursuant to the requirements of
the Development Code, the Planning Commission of the City of Rancho
Palos Verdes held a public hearing on November 23 and December 6,
1993, 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: The Planning Commission has reviewed and
considered the proposed Negative Declaration, the public comments
upon it, and other evidence before the Commission and finds that
the Negative Declaration was prepared in the manner required by
law.
Section 2 : That the Initial Study prepared in association
with Environmental Assessment No. 657 for the proposed construction
found that, while there may be impacts associated with the proposed
construction, these impacts are not considered to be significant.
Because recommended conditions have been incorporated into the
adoption of the Negative Declaration and into the approval of this
permit, and because the landowner will be required to comply with
all recommendations and requirements of the Division of Building
and Safety, the proposed use at the specific location will not
significantly adversely effect adjacent property or the permitted
use thereof.
Section 3: That the subject property is 5.57 acres in size
and is therefore theoretically large enough to accommodate 12 units
based on the RS -2 zoning district standards in which the property
is located. The proposed second unit will be constructed in such
a manner to maintain all minimum setback requirements. Therefore,
the site for the intended use is adequate in size and shape to
accommodate the proposed second unit.
Section 4: That the site and the proposed second unit will
be accessed via a private driveway located near the terminus of Via
Subida,which is a public roadway located adjacent to Palos Verdes
Drive East. Because the proposed second unit will not
significantly increase the number of vehicles utilizing the public
roads, the streets and highways that relate to the site are
properly designed to carry the type and quantity of traffic
generated by the subject use.
Section 5: While the proposed second unit is in an area
designated by the General Plan for single family purposes, it is a
goal of the City's Housing Element of the General Plan to adopt a
Second Unit Ordinance that complies with California State
Government Code requirements. Therefore, the proposed use is not
contrary to the General Plan.
Section 6: To provide consistency with the proposed
project and with State law, and in conformance with findings
presented in the Initial Study and Draft Negative Declaration,
Conditions of Approval have been included as safeguards, which the
Planning Commission deems to be the minimum necessary to protect
the health, safety, and general welfare.
Section 7: For the foregoing reasons, and based on
information and findings contained in the Staff Report and records
of the proceedings, the Planning Commission of the City of Rancho
Palos Verdes hereby approves Conditional Use Permit No. 177 for
construction of a 1,200 square foot second unit with its own
kitchen facilities and a detached garage on the property located at
6100 Via Subida, subject to the Conditions of Approval contained in
the attached Exhibit "All which are necessary to protect the general
health, safety, and welfare.
P.C. Resolution No. 93-45.
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PASSED, APPROVED, and ADOPTED this 14th day of December 1993.
Code Enforcement and
Secretary to the Commission
P.C. Resolution No. 93-45•
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 177
6100 VIA SUBIDA
1. The landowners and their representatives shall comply with all
conditions of approval contained in P.C. Resolution No. 93- ,
approving Grading Permit No. 1711 and all recommended
mitigation measures contained in the adopted Negative
Declaration.
2. Unless the Department of Fish and Game determines that this
project is exempt from a filing fee imposed pursuant to Fish
and Game Code Section 711.4, the applicant shall submit to the
City payment of such fee made payable to the County Clerk of
Los Angeles, along with the County's documentation fee, not
later than forty-eight (48) hours after the appeal period for
the project expires. The applicant shall also be responsible
for payment of any fines the Department of Fish and Game
determines to be owed. Project approval is not operative,
vested, or final until the filing fees are paid or a
Certificate of Fee Exemption is properly completed. A minimum
fee of twenty-five dollars ($25.00) for documentation handling
shall be submitted to the city within forty-eight (48) hours
after the appeal period for the project expires for processing
of the Certificate of Fee Exemption (De Minimus Impact
Finding).
3. Within thirty (30) days of this approval, the landowner shall
submit, in writing, a statement that they have read,
understand, and agree to all conditions of approval contained
herein. Failure to submit said written statement shall render
this approval null and void.
4. Prior to submittal of plans to the Division of Building and
Safety for plan check, the landowner shall submit to the city
a covenant restricting use of the second unit to family
members or renters only, and prohibiting individual sale of
the second unit without prior approval of a final subdivision
map.
5. Prior to submittal of plans to the Division of Building and
Safety for plan check, the landowner shall submit to the City
a covenant prohibiting use of the detached Guest House as a
second unit, and preventing installation of any kitchen
facilities including refrigerator (except for small "wet -bar"
type refrigerator), stove or oven, microwave oven, hot -plate,
or other cooking appliances. All plumbing fixtures in the
P.C. Resolution No. 93-45.
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Guest House shall be minimum size required by Uniform Building
Code. Said covenant shall also restrict the use of Guest
House to family members or guests of the landowner only, and
shall prohibit the rental of the Guest House.
The maximum square footage of habitable area for the second
unit shall not exceed a maximum of 1,200 square feet.
Construction of the second unit shall conform to minimum
Development Code standards with respect to height and
setbacks.
The construction of the second unit shall comply with all
recommendations and requirements, if any, of the Division of
Building and Safety.
The landowner shall obtain approval by the local health
officer for any private sewage disposal system required for
the second unit.
10. Prior to issuance of Grading and/or Building Permits, the
landowner shall trim and maintain all trees/shrubs located
within a twenty (20) foot perimeter surrounding the proposed
second unit so as not to exceed a maximum height of sixteen
(16) feet as measured from the pad elevation of the second
unit.
11. Prior to issuance of Grading and/or Building Permits, the
existing cluster of mixed species trees and shrubs located
adjacent to Diamonte Lane, directly across from 5 Diamonte
Lane, shall be trimmed so as not to exceed a maximum height of
sixteen (16) feet as measured from the pad elevation of the
second unit.
12. The landowner shall comply with all recommendations and
requirements of the Los Angeles County Fire Department.
P.C. Resolution No. 93-45.
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