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PC RES 1996-018P.C. RESOLUTION NO. 96-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 409 TO ALLOW THE EXISTING UNPERMITTED ENCLOSED PATIO TO REMAIN AND REQUIRE THE UNPERMITTED JACUZZI ROOM TO BE RELOCATED OUTSIDE THE REQUIRED REAR YARD SETBACK AND EXTREME SLOPE AREA OR COMPLETELY REMOVED AT 2071 GENERAL STREET WHEREAS, on April 22, 1996, the applicant, Mr Albert McClain, submitted an application for Variance No. 409, to allow the existing unpermitted patio enclosure and "jacuzzi room" to be maintained as they were constructed on the property located at 2071 General Street, 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, Tale 14, Section 15000 et seq , the City's Local CEQA Guidelines, and Government Code Section 65952 5(e) (Hazardous Waste and Substances Statement), Staff found no evidence that Variance No. 409 would have a significant effect on the environment. Accordingly, the proposed project has been found to be categorically exempt (Class II and III), and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on June 25, 1996, 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: 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 in that the subject property is substandard in size (6,850 square feet) as compared to other lots in the RS -4 zoning district (minimum lot size 10,000 square feet) In addition, the originally permitted patio cover already encroached 6-5" into the required rear yard setback area However, there is ample space available in the remaining rear yard area to relocate the existing unpermitted "jacuzzi room" such that it is not located within the 15 foot rear yard setback area or within the extreme slope area Section 2: That the Variance for the patio enclosure is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district This is so since, although a review of the City's records (at least dating back to the City's annexation of the Eastview area in 1983), revealed that there has been only one other approval for a similar encroachment into the rear yard setback area such as that requested by the applicant, a physical survey of the general area revealed numerous illegal and unpermitted construction into required setback areas The Planning Commission concluded that there was a prevalence of situations in the general area similar to that of the applicant, due to the smaller lot sizes and lot configurations found in this area of the City Therefore, granting of the Variance would preserve the landowner's right to further improve his property, which is a condition currently being enjoyed by many of the surrounding property owners. Section 3: That the granting of the Variance for the patio cover would not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located, since it does not impair any views from any of the surrounding properties nor has the enclosure of the previously existing patio cover diminished the privacy from any adjacent properties However, the existing "jacuzzi room" partially impairs the view of the Los Angeles Harbor and City lights views from the property located immediately to the north of the subject lot (2050 Elberon Street) Additionally, as a result of its height, its proximity to, and relation with the properties behind the subject lot, the "jacuzzi room" could impact the privacy of these adjacent lots. Finally, the close proximity of this accessory structure to the rear property line adversely impacts the sense of open space in the immediate area Section 4: That the granting of such a Variance for the patio enclosure would not be contrary to the policies and objectives of the General Plan, since the General Plan encourages development throughout the City that maintains and enhances the visual qualities of existing neighborhoods, without creating adverse impacts to the surrounding area Since the patio enclosure is not visible from the street, and does not impact any nearby neighbors, it is the type of improvement is not inconsistent with the General Plan. However, since the impacts created by the "jacuzzi room" impacts the view, privacy and sense of open space for the surrounding properties, approval of this structure in the rear yard setback area would not be consistent with the policies and objectives of the General Plan P C Resolution No 96-18 Page 2 of 4 Section 5: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17 60 060 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 July 23, 1996, the date of the Planning Commission's final action. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and all other records of the proceedings, the Planning Commission hereby approves Variance No 409 for the enclosed patio room only, subject to the conditions contained in the attached Exhibit "A" which are necessary for the public's general health, safety, and welfare, and hereby requires the "jacuzzi room" to be relocated out of the required rear yard setback area and extreme slopea area, or removed from the property located at 2071 General Street PASSED, APPROVED, AND ADOPTED this 23rd day of July 1996, by the following vote. AYES Commissioners Alberio, Cartwright, Franklin, Whiteneck, and Vice -Chair Vannorsdall NOES ABSTENTIONS. ABSENT: Chaf man Clark and Commissioner Ng Carolynn Pet'u, Director of Planning, Building, and Code Enforcement, and, Secretary to the Planning Commission Lawrence E. Clark, Chairman --- P C Resolution No. 96- j8 Page 3 of 4 CONDITIONS OF APPROVAL FOR VARIANCE NO 409 (2071 GENERAL STREET) 1) This Variance approval is for the existing enclosed patio room only, as represented on the plans date stamped as received by the City on May 1, 1996. 2) Within ninety (90) days of the date of final action on this permit, unless extended by the Director of Planning, Budding and Code Enforcement, all required Building Permits for the patio enclosure shall be obtained from the City's Building and Safety Division, including, but not limited to, electrical, plumbing, structural, and roofing permits Should any of these Building Permits be unattainable for the patio enclosure in its current configuration, the applicant shall either 1) reconstruct that aspect of the project according to the requirements and standards set forth in the Uniform Building Code, or 2) completely remove the necessary portions of patio enclosure to return the structure to its original configuration as a patio cover 3) Within ninety (90) days of the date of final action on this permit, the "jacuzzi room" (including the jacuzzi) shall be either 1) relocated such that it does not encroach into the required 15 foot rear yard setback area and extreme slope area, or 2) completely removed from the property The applicant shall obtain all necessary approvals and permits from the City of Rancho Palos Verdes prior to placing the "jacuzzi room" and jacuzzi elsewhere on the property. Said approval shall include Planning Department review and approval and the appropriate Building Permits from the City's Building and Safety Division M 1USERSIFABIODIWPWIN601RESOLUTNXVAR449RE WPD P C Resolution No 96-18 Page 4 of 4