PC RES 2001-048P.C. RESOLUTION NO. 2001-48
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING VARIANCE AND COASTAL
PERMIT (CASE NO. ZON2001-00107), THEREBY PERMITTING A 630
SQUARE -FOOT DETACHED THREE (3) CAR GARAGE AND SIX (6)
FOOT HIGH CONCRETE WALL WITHIN THE TWENTY (20) FOOT
FRONT YARD SETBACK AREA, LOCATED AT 4174 MARITIME.
WHEREAS, on December 11, 2001, the applicant, Mr Eugene Summers, submitted
Variance and Coastal Permit (Case No 2001-00107), requesting approval to construct a
detached three (3) car garage and six (6) foot high concrete wall within the required twenty (20)
foot front setback area on a bluff -top lot on the seaward side of Maritime, and,
WHEREAS, on October 30, 2001, the applications for Variance and Coastal Permit
(Case No 2001-00107) 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 Regulations, Title 14, Section 15000 et. seq , the City's Local CEQA
Guidelines, and Government Code Section 659625(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Variance and Coastal Permit (Case No 2001-00107)
would have a significant effect on the environment and, therefore, the proposed project has
been found to be categorically exempt under Class 1 (Section 15301), and,
WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
December 11, 2001, 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: That the approved project includes the construction of a new detached
three (3) car garage and a six (6) foot high concrete wall within the required twenty (20) foot
front setback area
Section 2: That 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 all of the lots in the "lower"
Portuguese Bend Club community are much smaller than the minimum 20,000 square -foot lot
required by the RS -2 zoning district standards, and few of these homes meet the RS -2 setback
or open space requirements. These factors constitute exceptional or extraordinary
circumstances that do not generally apply to other RS -2 zoned properties in the City.
Section 3: That the 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 the Portuguese Bend Club community
on Maritime is a unique area and most of the existing lots and structures do not meet current
City development standards. Previous additions, garages, and walls built in the surrounding
area have approved Variances, usually for setback encroachments and lot coverage The
subject property is typical of homes and properties on Maritime in that it does not comply with
P C. Resolution No 2001-48
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the RS -2 development standards Therefore, a Variance would be necessary for the
preservation and enjoyment of property rights similar to those enjoyed by others in the
immediate vicinity of the subject property.
Section 4: That the requested Variance would not be materially detrimental to the
public welfare or injurious to property and improvements in the area in which the property is
located since it would not impair any views, create a loss of privacy or adversely affect the
visual relationship with other adjacent properties The size of the proposed garage and the
reduced setback will be in conjunction with neighboring garages and will not appear out of
character. Furthermore, no apposition to the development has been stated
Section 5: That granting the variance will not be contrary to the objectives of the
General Plan and the policies and requirements of the Coastal Specific Plan The development
of accessory structures (i.e., detached garage) for a single family residence is consistent with
the RS -2 underlying land use designation since the Development Code allows for such
structures to be constructed as an ancillary use to the residential use of the property. The
accessory structure and wall into the required front setback area will not be detrimental to the
public welfare, or injurious to property and improvements in the area since they will be located in
respect to setbacks, design and size of adjacent properties, which mitigates concerns of
dominance of the structure In addition, the applicants have submitted geotechnical studies to
demonstrate that the design and setbacks are adequate to insure public safety Policies and
requirements of the Coastal Specific Plan are discussed below under Section 2
Section 6: That the proposed development is consistent with the Coastal Specific
Plan since residential activity is considered the most compatible land use designation for the
area, from both a physical and fiscal perspective Furthermore, the Plan suggests that
commercial and institutional land uses within this area would not be compatible as residential
Section 7: That the proposed development, which is located between the sea and
the first public road, is consistent with applicable public access and recreation policies of the
Coastal Act since the site does not provide public access to the shoreline or to recreational
areas because of the extreme slope that exists between the top and toe of the bluff
Section 8: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council Pursuant to Sections 17.64.060, 17.72 100 and
17 76 040(E)(9) 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 January 2, 2002
Section 9: 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 and Coastal Permit
(Case No 2001-00107), thereby permitting the construction of a detached three (3) car garage
and six (6) foot high concrete wall within the required front setback area, located at 4174
Maritime, subject to the conditions contained in Exhibit W, 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 11th day of December 2001, by the following vote
AYES Lyon, Mueller, Cartwright,Paulson, Vannorsdall, Long
NOES None
P C. Resolution No. 2001-48
Page 2 of 3
ABSTENTIONS None
ABSENT None
oel Rojas, A10 I
it ctor of Plani g, Building and Code Enforcement; and,
Secretary to th lanning Commission
•
Frank Lyo ,
Chairman
P C Resolution No 2001-48.
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E
Exhibit "A"
Conditions of Approval
Variance & Coastal Permit (Case No ZON2001-00107)
P.C. Resolution No 2001-48
GENERAL
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 one (1) year from the date of approval by
the Planning Commission, unless the approved plans are submitted to the Building and
Safety Division to initiate the "plan check" review process
3 The project shall allow demolition of the existing attached 404 square -foot garage and
the construction of a new detached three (3) car garage and six (6) foot high concrete
wall The detached garage and wall will be located at the front of the residence and will
encroach eleven (11) feet into the required front yard setback area, thereby maintaining
a nine (9) foot setback from the public easement.
4 Grading is not permitted with the approval
5 The proposed project shall be constructed in substantial compliance with the plans
approved and stamped by the Planning Department with the effective date of this
approval
6 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
7 Unless considered a minor modification, as defined in the above Condition No 6, all
modifications to the approved plans or conditions of approval set forth herein, shall be
reviewed by the Planning Commission using the same noticing and hearing procedures
as the original application
8 This approval shall not become valid until ten (10) working days following the final City
action, provided no appeal has been filed to the California Coastal Commission
9 The proposed project shall be conducted in full compliance with the conditions set forth
herein
9 0
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 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
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
VARIANCE
13. The new detached garage shall maintain the following minimum setbacks -
9' -0" front yard (proposed 9'-0")
- 13'-0" rear yard (proposed 13'-0")
5'-0" side setback (proposed 5'-0")
14 The maximum height of the detached garage shall not exceed sixteen (16) feet, as
measured from the lowest point of existing grade covered by the structure to ridge
(proposed measurement from lowest point covered by structure to ridge. 14'-2 5/8")
(proposed measurement from highest point covered by structure to ridge. 11'-8 5/8")
15 Each of the three (3) enclosed parking spaces in the garage shall have an unobstructed
ground space of no less than nine (9) feet in width by twenty (20) feet in depth, with a
minimum of seven feet of vertical clearance.
16 The resulting open space of the lot after construction shall not be less than 55%
17. The maximum height of the new concrete wall, including any lights or decorative
features, may not exceed six (6) feet in height
COASTAL PERMIT
18 The replacement of the old (404 square -feet) garage with the new detached garage (630
square -feet) shall not result in an addition that exceeds exceed 250 square -feet in size
(proposed 226 square -feet)
Exhibit "A" - Conditions of Approval
VAR & CP (Case No. ZON2001-00107)
P.C. Resolution No. 2001-48
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