PC RES 2000-002A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 465 AND SITE PLAN REVIEW NO. 8763 TO
REDUCE A PORTION OF THE INTERIOR SIDE AND REAR
YARD SETBACK TO A ZERO SETBACK FOR THE
LEGALIZATION OF A NON -PERMITTED 420 SQUARE FOOT
COVERED PATIO, LOCATED AT 2005 CRESTWOOD
STREET.
WHEREAS, on October 26, 1999, the applicant, Ms. Susan Howe submitted
applications for Variance No. 465 and Site Plan Review No. 8763 to reduce a
portion of the interior side and rear yard setback to a zero setback for the
legalization of a non -permitted 420 square foot covered patio, located at 2005
Crestwood Street; and,
WHEREAS, on November 24, 1999 the application package was
deemed complete; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Section 21000 et.seq. (" CEQN), the State's CEQA
Guidelines, and Government Code Section 65962 5(f) (Hazardous Waste and
Substances Statement), Staff found no evidence that Variance No. 433 and Site
Plan Review No 8444 would have significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class 1,
Section15301 ((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 January 25, 2000, at which all interested parties were given the
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 has exceptional and extraordinary
circumstances in that: 1) the property owners (2011 and 2005 Crestwood Street)
assumed that the property line was at the top of the slope, rather at the toe for
nearly 36 years; 2) the covered patio was constructed prior to the City's
incorporation; 3) the covered patio is necessary to maintain the enjoyment of
privacy, 4) the covered patio is not enclosed; and 5) there are no view impairments
due to the differential grade elevations of the abutting properties. The sum total of
all these factors result in a unique situation which does not generally apply to
properties within the RS -4 zone. Therefore, Staff feels that there are extraordinary
circumstances and conditions for this property that do not generally apply to other
properties in the area.
Section 2: The project site is currently developed with a single family
residence which is the primary use in the RS -4 zone, but the applicant also has the
right to maintain their privacy in order to preserve and enjoy substantial property
rights without a Variance provide that all code requirements are met. Due to grade
difference of 5'0" between the upslope abutting property at 2011 Crestwood Street,
the non -permitted covered patio maintains the applicant's privacy of their rear yard
area. The covered patio is necessary to maintain reasonable privacy in order to
preserve and enjoy use of the rear yard, spa, and swimming pool, and the positive
effects of privacy of the spa area out weigh any negligible impacts to the abutting
property. Further, weighing into this consideration is the fact the property owner has
relied on this privacy achieved by the structure for nearly 36 years. Therefore, the
Variance is warranted for the reduction of the setbacks in order to allow the applicant
to maintain his/her privacy rights in a manner that is consistent with other property
owners under the specific conditions present in this case, which are not generally
present in the RS -4 zone.
Section 3: The requested Variance to reduce the side and rear yard
setback for the legalization of the non -permitted covered patio would not be
detrimental to the public welfare since: 1) the structure will create no significant
view impairments; 2) there will be no infringement of privacy; and 3) the structure
will not be visually obtrusive from the public right-of-way Also, the structure is
situated approximately 760" from the front property line, 20'0" from the upslope
residence; and 160" from structures on the property abutting the rear property line.
The existing 1160" wide street -side area will remain unobstructed, and the reduction
of the setbacks will not be injurious to the property or improvements within the area.
The project will be reviewed, inspected, and approved by the Building and Safety
Division, and will be required to comply with all the safety standards of the Uniform
Building and Fire Codes. Therefore, this project will not be materially detrimental to
the public welfare or injurious to the property
Section 4: The requested Variance to reduce the interior side and rear yard
setback will be consistent with the goals and objectives of the General Plan policies
no. 1 and 16 since the structure was situated at the rear of the property for nearly 36
years, prior to City's incorporation. Also, the non -permitted structure did not change
the visual character of the neighborhood since it is situated at the rear of the
property; and the structure maintains the privacy to the occupants from the abutting
properties. Therefore, the granting of the Variance would not be contrary to the
objectives of the General Plan and the subject property is not located in the Coastal
Zone
P.C. Resolution No 2000-02
Page 2 of 3
•
Section 5: The request for the Site Plan Review can be granted since the
approval is an integral part of the overall project, and is contingent upon the approval
of the Variance as discussed above. Also, the proposed structure complies with the
height and open space requirements, therefore the proposed structure will conform
to the remaining Development Code standards.
Section 6: Any interested person may appeal this decision or any portion of
this decision to the City Council. Pursuant to Section 17.02.040 (C)(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 final action.
Section 7: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other record of proceeding, the
Planning Commission of the City of Rancho Palos Verdes hereby approved
Variance No. 465 and Site Plan Review No. 8763, thereby approving the reduction
of a portion of the interior side and rear yard setback to a zero setback for the
legalization of a non-permitted 420 square foot covered patio, for the property
located at 2005 Crestwood Street, subject to the conditions contained in Exhibit "A",
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 25th day of January 2000, by the
following vote:
AYES: Alberio, Cartwright, Lyon, Paris, Slayden, Vannorsdall
NOES:
ABSENTATIONS: Clark
ABSENT:
di; Jon Cartwright
Chairman
•el Rojas, AICP
�irectr of Plannin' =uilding
a : 'ode Enforcement; and
Secretary to the Planning Commission
P.C. Resolution No. 2000-02
Page 3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 465 AND SITE PLAN REVIEW NO. 8763
GENERAL
1. Prior to the submittal of plans into Building and Safety "plan check", the
applicant shall submit to the City a statement, that they have read,
understand and agree to all the conditions of approval contained in this
resolution Failure to provide said written statement within ninety (90)
days of approval shall render this approval null and void.
2. The approval shall be null and void after one (1) year from the date of
approval unless the approved plans are submitted to the Budding and
Safety Division to initiate the "plan check" review process, pursuant to
Section 17.86.070 of the City's Development Code This approval shall
become null and void after initiating the "plan check" review process, or
receiving a building permit to begin construction, if said "plan check" or
permit is allowed to expire or is withdrawn by the applicant
3. The Director of Planning, Building and Code Enforcement is authorized to
make minor modifications to the approved preliminary plans or any of the
conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions
4. The abandonment or non-use of this approval after a period of one year
shall terminate the approval and any privileges hereunder shall become
null and void.
5. The applicant shall remove 88 square feet (2' x 44') of the portion of the
covered patio that projects 2'0" beyond the interior side property line so
the structure will no longer encroach onto the abutting property (2011
Crestwood Street).
6 The non -permitted covered patio shall not exceed 420 square feet in area,
and 9'0" in height.
P.C. Resolution No. 2000-02
Exhibit "A"
Page 1 of 2
7. The structure shall be reviewed, inspected, and approved by the Building
and Safety Division, and the non -permitted covered patio must comply
with all safety standards of the Uniform Building and Fire Codes.
a Also, the covered patio and the wall shall conform to the one (1)
hour construction required by the Uniform Building Code, including
the walls at the property lines, necessary roofing modifications, and
filling in the vertical area between the rear yard wall and the roof of
the patio structure.
8. No habitable addition is permitted with this approval
9. The minimum setbacks shall conform to the approved plans, but in no
case shall be less than*
Front 20' Interior Side 5'0"/0'0" at the covered patio Street -side: 10'
Rear 15'10'0" at the covered patio
10. A minimum of 50% percent of open space shall be maintained on the
property (existing with the 420 square foot covered patio 66 2%)
11. 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.
12. 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 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
P.C. Resolution No 2000-02
Exhibit "A"
Page 2 of 2