PC RES 1999-036P.C. RESOLUTION NO. 99-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 456 AND SITE PLAN REVIEW NO. 8671,
THEREBY ALLOWING THE CONSTRUCTION OF A NEW
360 -SQUARE -FOOT ATTACHED 2 -CAR GARAGE THAT
ENCROACHES TO WITHIN FIFTEEN FEET (15'0") OF THE
FRONT PROPERTY LINE AND THREE FEET (3'0") OF THE
SIDE PROPERTY LINE, THE DEMOLITION OF THE
EXISTING, DETACHED 2 -CAR GARAGE IN THE REAR
YARD, AND THE CONSTRUCTION OF A 740 -SQUARE -
FOOT KITCHEN AND LIVING ROOM ADDITION AT THE
REAR OF THE EXISTING HOUSE, LOCATED AT 27416
FAWNSKIN DRIVE
WHEREAS, on July 13, 1999, the applicants, Mike and Heidi Keough, submitted
applications for Variance No 456 and Site Plan Review No 8671 to allow the construction
of a new attached garage, demolition of the existing detached garage and construction of
a kitchen and living room addition to their home at 27416 Fawnskin Drive, and,
WHEREAS, on August 31, 1999, the applications for Variance No 456 and Site
Plan Review No. 8671 were deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 of seq ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, 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. 456 and Site Plan Review No 8671
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt (Section 15301(e)); 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 28, 1999 and October 12, 1999, 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 hereby makes the following findings of fact
with respect to the application for Variance No. 456 for the new garage that encroaches
into the front- and side -yard setback areas
A. 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 because the subject property
is pie -shaped, with a front property line almost five times longer than the rear
property line, while the vast majority of the other lots in this neighborhood are
generally rectangular.
B Such variance 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 because there are at least two other
homes in this neighborhood (at 5258 and 5265 Silver Arrow Drive) which were
legally constructed in 1959 on odd -shaped lots and having direct -access garage
setbacks of seventeen feet (17'0") and fifteen (150"), respectively; these existing
conditions are substantially similar to the variance request made by the applicants;
and the existing house on the subject property was itself legally constructed only
fifteen feet (160") from the front property line in 1959.
C. Granting the 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
because the 15 -foot front setback for the garage will be consistent with the existing
front setback of the subject property, as well as with several other properties in this
neighborhood, the applicants will install additional concrete to the right of the
driveway to serve as a "diagonal" parking space for larger vehicles, and the 3 -foot
side setback will provide better access to the rear yard and should help to avoid
complicated Building Code issues regarding the proximity of new construction to the
side property line
D. Granting the variance will not be contrary to the objectives of the General Plan or
the policies and requirements of the Coastal Specific Plan because the development
of accessory structures and additions for single-family residences is consistent with
this underlying Residential, 4-6 DU/acre General Plan land use designation; and the
improvement of existing residences is consistent with General Plan Housing Policy
No. 3 to "[encourage] and assist in the maintenance and improvement of all existing
residential neighborhoods so as to maintain optimum local standards of housing
quality and design " The subject property is not located within the City's Coastal
Specific Plan area.
Section 2: The demolition of the existing detached garage and the construction
of a kitchen and living room addition, which are the subject of the application for Site Plan
Review No. 8671, are consistent with the provisions of the Rancho Palos Verdes
Development Code because they comply with the required setback, open space, building
height and structure size standards of the RS -5 district.
C Resolution No 99-36
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Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.64.060 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 October 12, 1999,
the date of the Planning Commission's final action.
Section 4: 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. 456 and
Site Plan Review No. 8671, thereby allowing the construction of a new 360 -square -foot
attached 2 -car garage that encroaches to within fifteen feet (160") of the front property line
and three feet (3'0") of the side property line, the demolition of the existing, detached 2 -car
garage in the rear yard, and the construction of a 740 -square -foot kitchen and living room
addition at the rear of the existing house, located at 27416 Fawnskin Drive, subject to the
conditions contained in Exhibit 'N, attached hereto and made a part hereof, which are
necessary to protect the public health, safety and welfare in the area.
PASSED, APPROVED, AND ADOPTED this 12th day of October 1999, by the following
vote
AYES:
NOES:
ABSTENTIONS,
ABSENT
Chairman Cartwright, Vice Chairman Lyon, Commissioners Alberio,
Paris and Slayden
none
none
Commissioners Clark and
Joel jas, Alcp
Direct r of PlanninUB Iding
ode Enforcement, and, Secretary
to the Planning Commission
Vannorsda 1
S. Cartwright
Chairman
P.C. Resolution No. 99-3L
Page 3 of 6
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 456 AND SITE PLAN REVIEW NO. 8671
(27416 Fawnskin Drive)
General:
Prior to the submittal of plans into Building and safety plan check, the applicant and
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 Resolution.
Failure to provide said written statement within ninety (90) days of adoption of this
Resolution shall render this approval null and void.
2 This approval is for a new, attached 2 -car garage that encroaches into the required
front- and side -yard setback areas, the demolition of the existing, detached 2 -car
garage in the rear yard, and the construction of a living room and kitchen addition
at the rear of the existing house at 27416 Fawnskin Drive. The new garage shall be
located no less than fifteen feet (150") from the front property line and three feet
(3'0") from the easterly side property line. The living room and kitchen addition shall
comply with the minimum 15 -foot rear -yard setback and 5 -foot side -yard setback for
the property The maximum height of any new construction shall not exceed
thirteen feet four inches (13'4") for the new garage and fifteen feet (160") for the
living room and kitchen addition Any substantive change to the protect shall require
approval of a revision to Variance No. 456 and/or Site Plan Review No 8671 by the
Planning Commission and shall require new and separate environmental review.
3 All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS -5 district
development standards of the City's Municipal Code.
4. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
5. If the project has not been established (i e , submitted into Building and Safety plan
check) within one (1) year of the final effective date of this Resolution, or if
construction has not commenced within one hundred eighty (180) days of the
issuance of building permits, approval of the project shall expire and be of no further
effect unless, prior to expiration, a written request for extension is filed with the
Department of Planning, Building and Code Enforcement and approved by the
P.C. Resolution No. 99-36
Page 4 of 6
Planning Commission. Otherwise, a variance and site plan review revision must be
approved prior to further development
6. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply
7. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the revised plans submitted to the City on October
4, 1999 and prepared by applicant, and with the "Revised Garage Concept"
prepared by Planning Staff and reviewed by the Planning Commission on October
12, 1999
8 No grading is permitted by this approval
9. The approved project shall maintain a minimum of forty-eight percent (48%) open
space.
10. The approved project results in an overall structure size of approximately 2,742
square feet (including garage). The maximum allowable structure size for this site
is 3,609 square feet (including garage), based upon the minimum RS -5 district open
space percentage multiplied by the gross lot area (48% of 7,518 square feet)
11. Once the existing detached garage is demolished and the construction of the living
room and kitchen addition has commenced, the building permits for the living room
and kitchen addition will only be finaled after or concurrent with the completion of the
new garage.
12. The applicant shall be responsible for obtaining an encroachment permit from the
Public Works Department for any work in the public right-of-way of Fawnskin Drive,
including construction of a new driveway approach and/or the temporary placement
of construction materials or a dumpster in the street.
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 not be limited to the accumulation of debris,
garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials,
abandoned or discarded furniture, appliance or other household fixtures
14. Permitted hours and days for construction activity are 7 00 AM to 7:00 PM, Monday
through Saturday, with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code.
PC Resolution No. 99-36
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Variance No. 456.
15 The new garage shall comply with the following setbacks
15' front
3' side (East), with a maximum V eave
Setback certification is required for the new garage prior to foundation forms
inspection.
16 The maximum height of the new garage shall not exceed thirteen feet four inches
(134") above existing grade
17 Prior to building permit final, the existing non -permitted bathroom addition on the
east side of the house shall be removed
18 Prior to building permit final, the applicant shall install a new driveway, including
additional paving to the right side of the driveway for "diagonal" off-street parking
A solid, 42 -inch -tall wall or hedge along the front property line shall screen the
additional off-street parking area Total hardscape within the front -yard setback
area shall not exceed fifty percent (50%) coverage
Site Plan Review No. 8671.
19 The new living room/kitchen addition shall comply with the following setbacks
42' rear
10' side (East)
5' side (West)
20 The maximum height of the living room and kitchen addition shall not exceed fifteen
feet (160") above existing grade
21 Prior to building permit final, the existing non -permitted deck/patio cover at the rear
of the house shall be removed
MAProjects\VAR 456—SPR 8671 (Keough)\19991012_Reso_PC.doc
P C Resolution No 99-36
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