PC RES 2004-001P.C. RESOLUTION NO. 2004-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A VARIANCE AND SITE PLAN REVIEW (CASE
NO. ZON2003-00312), THEREBY PERMITTING THE
CONSTRUCTION OF A 574 SQUARE FOOT ADDITION AND A
1,557 SQUARE FOOT RAISED DECK TO AN EXISTING 2,319
SQUARE FOOT SINGLE FAMILY RESIDENCE, AND
PERMITTING PORTIONS OF THE ADDITION TO ENCROACH 5'-
10" INTO THE FRONT YARD SETBACK, FOR PROPERTY
LOCATED AT 4043 ADMIRABLE.
WHEREAS, on June 12, 2003, the applicant submitted an application for a
Variance and Site Plan Review, requesting to construct a 574 square foot addition to
the existing 2,319 square foot single-family residence, a raised deck in the rear and side
yard, a deviation from the front yard setback, and a deviation in the maximum allowable
fence height, and,
WHEREAS, on July 11, 2003, staff completed the initial review of the proposed
plans, at which time the application was deemed incomplete due to missing information
on the protect plans and/or applications. This additional information was submitted to
the City on August 20, 2003; and,
WHEREAS, on September 19, 2003, the applications Variance and Site Plan
Review 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 65962 5(f) (Hazardous Waste
and Substances Statement), Staff found no evidence that Variance and Site Plan
Review, 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 Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on October 28, 2003, November 11, 2003, December 11, 2003, and
January 13, 2004, 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 574 square
foot addition to an existing 2,319 square foot residence and a 1,557 square foot raised
deck in the rear yard and side yard of the residence. Additionally, the approved project
P C Resolution No 2004-01
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allows a 145.75 square foot portion of the addition to encroach 5'-10" into the required
20'-0" front yard setback.
Section 2: The Variance is warranted since there is an exceptional or
extraordinary circumstance applicable to the property, which does not apply generally to
other properties in the same zoning district The subject property was originally
developed in manner that has limited the ability of the property owner to construct a
single story addition, without deviating from the front setback In a review of other
properties in the Seaview tract, it has been found that this condition is not generally
applicable in the area.
Section 3: The Variance is warranted since it is necessary for the preservation
and enjoyment of a substantial property right of the applicant, which is possessed by
other property owners under like conditions in the same zoning district As noted in the
previous section, due to the nature of the original development of the subject site, the
property owner has a limited area to add a single story addition to the existing
residence Inasmuch as other property owners in the area have constructed additions,
it is found that the deviation from the required front yard setback is necessary for the
property owner to construct an addition to enjoy a larger structure size, just as other
property owners in the area.
Section 4: The Variance is warranted since granting the deviation in the front
yard setback will not be materially detrimental to the public welfare or injurious to
property and improvements in the area. Due to the width of the street and parkway
provided, the structure will not create a dramatic closed in appearance as viewed from
the street, thus will not create a negative aesthetic appearance to the neighborhood.
Furthermore, the proposed addition is required to meet all requirements of the Building
Code, regardless of the setback; therefore, will not create a materially detrimental effect
to public safety.
Section 5: The Variance is warranted since allowing the deviation will not be
contrary to the objectives of the General Plan It is a policy of the General Plan to
"prohibit encroachment on existing scenic views reasonably expected by neighboring
residents" (page 78). Inasmuch as the applicant has requested the front yard deviation,
in lieu of creating a second story that may encroach into another properties view, the
proposed addition is consistent with this General Plan policy, thus not contrary to the
objectives of the General Plan.
Section 6: The Site Plan Review for the addition is warranted since the
proposal, with implementation of the adopted conditions of approval, meets all of the
requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code
Additionally, the Site Plan Review is warranted to allow the construction of a raised deck
in the side yard setback since it will not create a significant adverse impact.
Section 7: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council Pursuant to Sections 17 02 040,
17.66.060, 17.72.100, 17.76.040(H) and 17.80.070 of the Rancho Palos Verdes
P.C. Resolution No. 2004-01
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j
Municipal Code, any such appeal must be filed with the City, in writing, and with the
appropriate appeal fee, no later than January 28, 2004.
Section 8: For the foregoing reasons and based on the information and
findings included in the Staff Reports, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves the
Variance to allow a portion of the addition to encroach 5-10" into the front yard setback,
and approves the Site Plan Review to allow for the construction of a 574 square foot
addition to an existing 2,319 square foot residence and raised deck in the rear and side
yards of the property, 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 13th day of January 2004, by the following
vote
AYES COTE, CARTWRIGHT, LYON, MUELLER
NOES NONE
ABSTENTIONS NONE
ABSENT NONE
L;Craig
Mueller,
Vice Chairman
Joe Rojas, Ai P
Dire tar of Pi nni g, Building and Code Enforcement, and,
Se etary tot lanriing Commission
P.0 Resolution No 2004-01
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-01)
Variance and Site Plan Review (Case No. ZON2003-00312)
General
Approval of this Variance and Site Plan Review shall not be construed to mean
any waiver of applicable and appropriate zoning regulations, or any Federal,
State, County, and City laws and regulations Unless otherwise expressly
specified, all other requirements of the City of Rancho Palos Verdes Municipal
Code shall apply.
2 The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void
3. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building 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 if, after initiating the "plan check" review process, or receiving a building
permit to begin construction, said "plan check" or permit is allowed to expire or is
withdrawn by the applicant
4 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
5. Permitted hours of construction are 7.00 a m to 7 00 p.m. Monday through
Saturday No work is permitted on Sundays or legal holidays.
6. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department
7. The construction site, adjacent public and private properties 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,
appliances or other household fixtures.
8 In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply
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9. The applicant, prior to the commencement of construction, shall obtain all
applicable permits, required by the Building and Safety Division.
10. No grading is permitted with this approval.
Variance
11. Approval of the Variance allows a 5'-10" deviation in the front yard setback.
More specifically, the 145 75 square foot addition on the southwest side of the
residence is permitted to encroach 5'-10" into the required 20' front yard setback
All other portions of the structure shall comply with the minimum setback
requirements.
Site Plan Review
12 The approval of the Site Plan Review allows for the construction of 574 square
feet of addition, which includes a 182.75 square foot addition to the front of the
garage, 37 5 square foot addition to the entry, 94 square foot addition on the
northwest corner of the residence, 145 75 square foot addition on the southwest
side of the residence, and a 114 square foot addition on the northeast corner of
the residence. Furthermore, the Site Plan Review allows the construction of a
1,557 square foot raised deck on the western half of the rear yard and the west
side yard
13 In order to protect the privacy of the property owner at 4055 Admirable, the
applicant shall either submit revised plans that do not include the raised deck in
the side yard setback, or shall plant and maintain a seven -foot tall hedge along
the west property line (between the front facade of the residence and the rear
yard transition slope). Should the applicant determine to the latter option (plant
the hedge), the applicant shalt plant and planning staff shall inspect the
hedge prior to the issuance of building permit final.
14. The proposed structure shall maintain the following minimum setbacks:
15' rear (proposed- 51'-6")
5'-0" west side (proposed. 5"-4")
5'-0" east side (proposed 8'-7")
14'-2" front (proposed 14'-2")
FRONT YARD SETBACK CERTIFICATION IS REQUIRED. A LICENSED
CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE POURING OF
FOUNDATIONS.
15 The proposed residence shall not exceed a height of 16', as measured from the
lowest grade adjacent to the building foundation/slab (277.16') to the highest
ndgeline of the residence (293.16'), and 15 22', as measured from the highest
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grade adjacent to the foundation/slab (277.94') to the highest ridgeline of the
residence.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE BUILDING
PERMIT FINAL.
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