PC RES 1999-025P.C. RESOLUTION NO. 99-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, VARIANCE NO. 449 AND SITE PLAN REVIEW
NO. 8553, TO ALLOW THE CONSTRUCTION OF A 101 SQUARE
FOOT ADDITION TO THE GARAGE OF AN EXISTING SINGLE-
FAMILY RESIDENCE AND TO CONVERT 131 SQUARE FEET
OF NON -HABITABLE FLOOR AREA TO HABITABLE FLOOR
AREA WITHIN THE EXISTING GARAGE FOOTPRINT ON
PROPERTY LOCATED AT 7 ROCKINGHORSE ROAD.
WHEREAS, on March 2, 1999, a request to construct a 101 square foot
addition to an existing garage and to convert 131 square feet of non -habitable
floor area into habitable floor area within the existing garage of a single-family
residence, was submitted to the Planning Department under the applications of
Variance No. 449 and Site Plan Review No. 8553, and,
WHEREAS, on April 26, 1999 revised plans modifying the proposed layout
of the addition was submitted to the Planning Department; and,
WHEREAS, on May 5, 1999 the subject applications were deemed
complete by Staff, and,
WHEREAS, on May 19, 1999 the required public notices were mailed out
to property owners within a 500' foot radius of the subject property informing
them of the proposed project and the scheduled public hearing on June 8, 1999
Furthermore, a notice was published in the Palos Verdes Peninsula News on
May 22, 1999, and,
WHEREAS, on June 3, 1999 an time extension letter was submitted to the
Planning Department by the Property Owner requested that the proposed project
be continued from the June 8,1999 Commission meeting to the July 13, 1999
Commission meeting so that Staff may conduct additional research; and,
WHEREAS, the Planning Commission at the June 8, 1999 Planning
Commission meeting approved a motion continuing the public hearing to the July
13, 1999 Commission meeting; and,
WHEREAS, pursuant to the provision of the California Quality Act, Public
Resources Code Section 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 449 and
Site Plan Review No 8553 would have a significant effect on the environment
P.0 Resolution No 99-25
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and, therefore the proposed project has been found to be categorically exempt
(Class 1, Section 15301((e)(1)); and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on July 13, 1999, at which all interested parties were given the
opportunity to be heard and present evidence and,
WHEREAS, after hearing public testimony, the Planning Commission
approved the variance request at the July 13, 1999 meeting and directed Staff to
prepare a revised resolution of approval to be brought back for adoption at the
July 27, 1999 meeting
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND
RESOLVE AS FOLLOWS
Section 1: The proposed 101 square foot addition complies with the
residential development standards for the RS -2 zoning district as it pertains to
open space, setbacks and structure height
Section 2: The subject residence, which exceeds 5,000 square feet of
habitable floor area, maintains a minimum of a three (3) car garage with a
minimum width of 9' and a minimum depth of 20' for each parking space
Section 3: The proposed addition does not exceed the maximum height
limit of 16' for a pad lot, and will be constructed at a height of 9'-6", as measured
from the highest existing grade covered by structure
Section 4: There are exceptional or extraordinary circumstances or
conditions applicable to the property that do not apply generally to other property
in the same zoning district in that the existing residence exceeds 5,000 square
feet of habitable floor area, which must maintain a minimum of a three (3) car
garage The dimension for each parking space shall be no less than a minimum
width of 9' and a minimum depth of 20'. As proposed, the conversion of 131
square feet of non -habitable floor area into habitable floor area requires that the
garage be extended to accommodate the minimum dimensions for each parking
stall Therefore, the proposed 101 square foot addition warrants exceptional or
extraordinary circumstances and will not create any adverse impacts to the
surrounding properties
Section 5: The variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant, which is a right
possessed by other property owners under like conditions in the same zoning
district in that the subject residence has been found to be comparable in size to
other structures within the surrounding neighborhood when comparing lot area to
structure size. Furthermore, the maximum structure size for lots created after the
Resolution N• 99-25
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City's incorporation in the RS -2 zoning district was intended to preserve the
character of a neighborhood developed as a larger subdivision with similar size
structures Therefore, staff believes that the applicants are not able to enjoy
substantial property rights possessed by other property owners on similar sized
lots within the same zoning district, thus warranting a variance.
Section 6: The granting of the variance will not be materially detrimental
to the public's welfare or injurious to property and improvements in the area in
which the property is located in that the proposed 101 square foot addition will be
located adjacent to the existing garage and will not impair a view from an
established viewing area or adversely impact the surrounding properties in that
the height of the addition will be approximately 9'-6", as measured from the
highest existing grade covered by structure. Furthermore, the proposed addition
will require permits from the Division of Building and Safety for conformance with
the Uniform Building Code
Section 7: The variance will not be contrary to the objectives of the
General Plan or the policies and requirements of the Coastal Specific Plan in that
the subject property is not located within the City's designated Coastal Zone and
that the proposed improvements comply with the goals and objectives of the
General Plan and is considered an improvement that is routinely permitted by the
City for the RS -2 zoning district
Section 8: A Notice of Decision will be given to the applicant and any
interested party informing them of the Planning Commission's decision.
Section 9: Any interested party may appeal this decision or any portion
of this decision to the City Council Pursuant to Section 17.02.040.0 1.j 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 the date of the Planning Commission's adoption of this resolution
Section 10: 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. 449 and Site Plan Review No 8553, thereby approving the
construction of a 101 square foot addition with the conversion of 131 square feet
of non -habitable floor area to habitable floor area within the existing, subject to
the conditions of approval in Exhibit "A".
P C Resolution No. 99-25
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PASSED, APPROVED, AND ADOPTED this 27th day of July, 1999, by the
following vote:
AYES: Commissioners Alberio, Paris, Slayden, Vannorsdall, Vice -Chair Lyon,
and Chair Cartwright
NOES: None
ABSENTATION: None
ABSENT: commissioner Clark
Joel Rojhs, AICP
Pirecto/of Planning, BuUdi g
kQg,0bde Enforcement, and,
Secretary to the Planning Commission
Chairman
P.C. Resolution No 99-25
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 449 AND
SITE PLAN REVIEW NO. 8553
GENERAL
1 Prior to the submittal of plans into Building 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 approval shall become null and void after I year from the date of
approval unless the approved plans are submitted to the Building and
Safety Division to initiate the "plan check" review process
3 The proposed project shall be constructed in substantial compliance with
the plans dated and received by the Planning Department on April 26,
1999 by architect Don W Thursby, A.I.A., as shown in the attachments
4 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 modifications achieve substantially the same results as would strict
compliance with said plans and conditions
5 In the event that a Planning requirement and a Building & Safety
requirement are in conflict with one another, the stricter standard shall
apply
6 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
7 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
8 The proposed addition shall not exceed 101 square feet without first
obtaining planning approvals Furthermore, the conversion of non-
CONDITIONS OF APAVAL
VARIANCE NO. 449
SITE PLAN REVIEW NO. 8553
7 ROCKINGHORSE ROAD
JULY 27, 1999
PAGE 2
habitable floor area within the existing garage to habitable floor area shall
not exceed 131 square feet.
9 The maximum structure size for the subject property shall not exceed
7,417 square feet (garage and accessory structures included) without first
obtaining planning approvals.
10 The subject residence shall maintain a minimum of a three (3) car garage
with a minimum width of 9' and a minimum depth of 20' for each parking
space.
11 The open space requirement for the subject property located in the RS -2
zoning district shall be no less than sixty (60) percent The proposed open
space is 73%.
12 The following minimum setbacks shall be maintained for the proposed
addition
Front Yard 20'-0" minimum (proposed: 50'-6")
Side Yard. 5'-0" minimum (proposed- 51")
Rear Yard: 15'-0" minimum (proposed 100')
13 The proposed addition shall not exceed 16' in height, as measured from
the highest existing grade covered by structure (proposed 9'-6")
14 No grading shall be permitted under this application