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PC RES 1999-047P.C. RESOLUTION NO. 99-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 463 FOR THE CONSTRUCTION OF A 280 SQUARE FOOT EXPANSION TO THE EXISTING ATTACHED TWO -CAR GARAGE, WHICH WILL ENCROACH 12 -FEET IN THE REQUIRED 20 -FOOT FRONT YARD SETBACK, THEREBY MAINTAINING AN EIGHT (8) FOOT FRONT YARD SETBACK FOR PROPERTY LOCATED AT 30113 CARTIER DRIVE. WHEREAS, on September 29, 1999, the applicant, Richard Wong, representing property owners David and Diane Long, submitted an application for Variance No. 463 requesting approval for the 280 square foot expansion to the existing attached two -car garage, which will encroach 12 -feet into the required 20 -foot front yard setback, thereby maintaining an eight (8) foot setback for property located at 30113 Cartier Drive; and, WHEREAS, after submittal of additional information, the application for Variance No 463 was deemed by Staff on November 17, 1999, 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. 463 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Existing Structures) since the project involves an addition to an existing residential structure; 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 December 14, 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 project site is subject to exceptional or extraordinary circumstances or conditions which do not apply generally to other properties in the RS -2 zoning district, and the project site is different from other properties in the neighborhood in a material way, since the property is smaller than that required for the zoning district, the down-sloping topography of the site and the configuration of the residence, the only feasible location to construct a third enclosed parking space is at the proposed location, which is currently paved and utilized as a parking space Further, the subject property contains a side -entry garage that is approximately 10 -feet lower in elevation than the street level Section 2: The variance is necessary for the preservation and enjoyment of a substantial property right which is possessed by other property owners under like conditions in the same zoning district since other residences in the neighborhood contain areas on the site that can accommodate a third enclosed parking space without encroaching into the required setback. Section 3: The granting of the variance will not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located The location of the garage is at a 10 -foot lower elevation than the street, thus, the only visible portion will be the hip -pitched roof of the extended garage Further, the indirect access driveway and the portion of the garage expansion will not reduce the available off-street parking or the size of the existing driveway Section 4. 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 garage extension will not be detrimental to the public welfare, or injurious to property and improvements in the area since the garage is at a substantially lower elevation than the street, thereby mitigating concerns of dominance of the structure and mitigates impairment to vehicular visibility of traffic Section 5. 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 463, for a 280 square foot expansion to the existing two -car garage to provide for a three -car garage that encroaches 12 -feet into the front yard setback, thereby maintaining an eight (8) foot front yard setback, subject to the conditions contained in the attached Exhibit "A" 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 December 14, 1999, the date of the Planning Commission's final action P C Resolution No 99-47 Page 2of3 PASSED, APPROVED, AND ADOPTED this 14th day of December 1999, by the following vote: AYES- Alberio, Cartwright, Clark, Lyon, Paris, Slayden, Vannorsdall NOES None ABSTENTIONS- None ABSENT: None J ei Rqas, AICP Dke�t of Planning,Qilding and Code Enforcement; and, Secretary to the Planning Commission n Cartwright Planning Commission Chairman P.C. Resolution No. 99- 47 Page 3 of 3- EXHIBIT 'A' CONDITIONS OF APPROVAL VARIANCE NO. 463 General Conditions: 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. Variance 2. The Variance application is to allow for a 280 square foot expansion to the existing two -car garage, thereby creating a three -car garage that encroaches 12 -feet into the required 20 -foot front yard setback 3 The three -car garage shall maintain an eight (8) foot minimum setback from the front property line 4. The garage expansion shall maintain a minimum south side yard setback of five (5) feet (proposed 11'6"). 5. The roof ridge of the gar'age.'extension shall match the existing roof ridge of the garage that is currently at a height of 12'-6". 6. No grading is approved with this permit 7 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 8 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 9 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. PC Resolution No. 99-47 Exhibit "A" -Conditions of Approval Page 1 of 2 10. The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback 11 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 shall achieve substantially the same results as would strict compliance with said plans and conditions PC Resolution No. 99-47 Exhibit "A" -Conditions of Approval Page 2 of 2