PC RES 1998-033P.C. RESOLUTION NO. 98-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 435 AND COASTAL PERMIT NO. 147 FOR
THE CONSTRUCTION OF A 922.5 SQUARE FOOT
ATTACHED COVERED PATIO AT A 14'-8" MAXIMUM
HEIGHT. SAID APPLICATIONS ARE REQUESTED FOR
PROPERTY LOCATED AT 34 SEACOVE DRIVE.
WHEREAS, on July 28, 1998, the applicant, Kevin McMinn, representing landowner
Steven Chung, submitted Variance No 435 and Coastal Permit No. 147 requesting
approval for the construction of a 922.5 square foot attached patio at a 14"-8" maximum
height, and,
WHEREAS, on August 27, 1998, the applications were deemed complete by Staff,
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 65962 5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Variance No 435 and Coastal Permit No. 147
would have a significant effect on the environment, thus, the proposed project has been
found to be categorically exempt (Section 15301); 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 September 22, 1998, at which time all interested parties were given an opportunity to
be heard and present evidence;
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Section 1: The subject property contains exceptional or extraordinary
circumstances or conditions which do not apply generally to other properties in the RS -2
zoning district since it is located within the Coastal Zone, and the project site is different
from other properties in the neighborhood in a material way that would warrant a variance
for the requested 922.5 square foot attached covered patio, in that there is a ±4 foot
transitional slope adjacent to the garage that limits the location of the proposed attached
covered patio.
Section 2: The project site is currently developed with a single family residence
and attached garage, however, there are other properties on the south side of Seacove
Drive that have the ability to propose similar projects without the level of discretion as the
proposed project because the Coastal Setback Zone boundary does not lie landward of
any portion of the residences on those other properties Thus, the property owner does
not currently enjoy the same substantial property right as other property owners in the
neighborhood and zoning district, and the requested variance is necessary to allow the
property owner to exercise substantial property rights possessed by other owners under
like conditions in the same zoning district.
Section 3: The requested variance will not be materially detrimental to the public
welfare because the 922 5 square foot attached patio at a 14'-8" height will aesthetically
blend with the existing residence by keeping with the same ridge line and roof pitch, and
does not require grading nor involve additional plumbing fixtures
Section 4: The requested variance meets the intent, goals and policies of both the
City's General Plan and the Coastal Specific Plan in that the proposal does not call for an
intensification of land use, nor are there any current or future coastal access easements
through the subject property
Section 5: The requested attached covered patio addition complies with all other
requirements contained within the Development Code, including setback, height and open
space and lot coverage requirements for the RS -2 residential zoning district.
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 17 76 040(H) 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
September 22, 1998, the date of the Planning Commission's final action
Section 7: 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 approves Variance No 435 and
Coastal Permit No 147 for the construction of a 922.5 square foot attached covered patio
at a 14'-8" maximum height, subject to the conditions of approval contained in Exhibit "A"
attached hereafter
P C Resolution No 98-33
Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 22nd day of September 1998, by the following
vote.
AYES. Alberio, Cartwright, Clark, Lyon, Paris, Slayden
NOES' None
ABSTENTIONS None
ABSENT' Vannorsdall
Joel oras, AICP
ire or of Plannin"uilding and
Code Enforcement, and, Secretary
to the Planning Commission
M \USERS\EDUARDOS\WPWIN60\VAR\VAR435\RESO WPD
Lawrence E Clark
Planning Commission Chairman
P C. Resolution No 98 -33 -
Page 3 of 3
EXHIBIT'A'
CONDITIONS OF APPROVAL
VARIANCE NO. 435 & COASTAL PERMIT NO. 147
1. Prior to the submittal of plans into Budding and Safety plan check, the applicant
and/or property owner shall submit to the City a statement, in writing, that they have
read, understand and agree to all conditions of approval contained in this approval.
Failure to provide said written statement within ninety (90) days following the date
of this approval shall render this approval null and void
2. The following minimum setbacks shall be maintained.
Front yard- 20'-0"
Side yard. 5'-0"
Rear yard. 15'-0"
3 The maximum height of the attached covered patio shall be limited to 16 feet as
measured from the highest elevation covered by the structure (proposed height.
14'-8", such that the roof ridge of the new attached covered patio is consistent with
the ridge height of the existing dwelling unit)
4 Approval is granted for the construction of a 922.5 square foot covered patio,
attached to the existing residence at the western portion of the lot. Further, 77 7%
open space will result from the construction of said attached covered patio
5 The covered patio shall not be used for the parking and/or storage of vehicles, shall
not function in lieu of a garage, nor function as a carport
6 Construction of the project shall substantially conform to the approved plans
provided by Rescom Design, stamped as received by Planning Department
7 Any future modifications to the covered patio that entail the enclosure of said patio
into habitable or non -habitable floor space, or the like, shall require a revision to
Variance No 435 and Coastal Permit No. 147 which shall require review and
approval by the Planning Commission
8 The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans or any of the conditions if such
modification shall achieve substantially the same results as would strict compliance
with said plans and conditions of approval.
PC Resolution No. 98 - 33
Exhibit "A"
Page 1 of 2
0
9 No grading is approved with this permit.
10. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
11. All required Building & Safety Division permits shall be obtained, including, but not
limited to, building and geology permits.
12. The hours of construction shall be limited to 7:00 a.m. to 7 00 p m , Monday through
Saturday No construction shall be permitted on Sundays or on legal holidays.
13. The construction site 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 is not 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
14 The maximum eave projection allowed into the required setback areas shall not
exceed 6 -inches for each 1 -foot of required setback
PC Resolution No. 98 - 33
Exhibit "N'
Page 2 of 2