PC RES 1994-032P.C. RESOLUTION NO. 94-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 375
FOR CONSTRUCTION OF A 384 SQUARE FOOT SECOND STORY
LOFT/STORAGE AREA ABOVE A: DETACHED GARAGE WITH A
MAXIMUM UPSLOPE HEIGHT OF IS FEET AND A MAXIMUM
DOWNSLOPE HEIGHT OF 22.25 FEET ON PROPERTY LOCATED
AT 29 SWEETBAY ROAD
WHEREAS, on June 1, 1992, the City Council approved Landslide
Moratorium Exception No. 2 to allow the landowner to submit
applications for construction of a maximum of 2,096 square feet of
new construction on the subject property. On May 17, 1994, the
City Council of the City of Rancho Palos Verdes approved Landslide
Moratorium No. 2 - Revision, allowing the landowner to complete the
previously approved construction in phases and to proceed with the
submittal of a Variance application to allow construction of a 384
square foot second story loft/storage area above the permitted (but
as yet unconstructed) detached garage on the subject property; and,
WHEREAS, on May 23, 1994, Michael and Honeya Barth submitted
an application for Variance No. 375 to allow construction of a 384
square foot second story loft/storage area above the previously
approved detached garage on the subject property, with a maximum
proposed upslope height of 18 feet and a maximum proposed downslope
height of 22.25 feet; and,
WHEREAS, after issuing notice pursuant to the provisions of
the Rancho Palos Verdes Development Code, the Planning Commission
held a public hearing on July 12, 1994, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: That 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, since the location of
existing structures, septic tank, seepage pits, and leech fields
limit the area where new structures could be constructed or
expanded on the property in conformance with existing Development
Code standards with respect the height, setback, and lot coverage.
Section 2: That such a Variance is necessary for the
preservation and enjoyment of a substantial property right, which
right is possessed by other property owner under like conditions in
the same zoning district, since there is limited storage facilities
P.C. Resolution No. 94-32.
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on the property, and it is preferred that any expansions on the
subject property minimize any further reduction of open space on
the lot. Additionally, the plans for the proposed construction
have been clarified to ensure that the structure will be non -
habitable and the height of the proposed structure will be lower
than the height of the existing residence, such that the new
construction will be clearly incidental to the use of the main
structure.
Section 3: The granting of this variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property is
located since the height of the proposed structure will be less
than the height of the main residential structure. Additionally,
the proposed structure will be hidden by foliage, and will be
constructed in an architectural style similar to and compatible
with the rustic nature characteristic of the Equestrian (Q) zoning
district overlay in which the property is located.
Section 4: The granting of the Variance will not be
contrary to the objectives of the General Plan or the policies and
requirements of the Coastal Specific Plan since the property will
continue to be used for single family purposes, and the property is
not located within the Coastal Zone.
Section 5: The time within which judicial review of the
decision reflected in this Resolution, if available, must be sought
is governed by Section 1094.6 of the California Code of Civil
Procedure.
Section 6: For the foregoing reasons and based on the
information and findings contained in the Planning Commission Staff
Report, minutes, and records of the proceedings; the Planning
Commission hereby Approves Variance No. 375 for construction of a
384 square foot second story loft/storage area above the detached
garage on property located at 29 Sweetbay Road, subject to the
conditions contained in the attached Exhibit "All which are
necessary to protect the public health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 26th day of July 1994.
Gilbert Alberio
Chairman
Bret B. Bern d, AI Director
n
of Pla ing Buil
d[ng, and Code
Enforcement; and, ecretary to the
Planning Commission
P.C. Resolution No. 94-32.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 375
29 SWEETBAY ROAD
1. Within fifteen (15) days following approval of this project by
the City, the landowner shall submit a statement, in writing,
indicating that they have read, understand, and agree to all
conditions contained in this exhibit. Failure to submit said
statement shall render this approval null and void.
2. Prior to submittal of plans to the Division of Building and
Safety for plan check, the landowner shall submit to the City
a Use Restriction Covenant preventing use or conversion of any
portion of the new and/or existing structures from being used
as a second unit, and preventing the installation of any
kitchen facilities in other than the main residential
structure without prior approval by the City of a Conditional
Use Permit.
3. The maximum height of the new loft/storage area shall not
exceed an upslope height of 18 feet, and a maximum downslope
height of 22.25 feet. CRITICAL - HEIGHT CERTIFICATION
REQUIRED.
4. The maximum ridgeline of the new loft/storage area shall not
exceed an elevation of 128 feet. Height shall be measured
from the existing elevation of 110 feet, located along the
northern side of the proposed structure. CRITICAL - RIDGE
CERTIFICATION REQUIRED.
5. All minimum setback shall be maintained as follows:
Front: 20 feet
Side: 5 feet
Rear: 15 feet
6. No grading permitted with this approval.
TS#13 REVAR375.PC
P.C. Resolution No. 94-32 .
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