PC RES 2004-026P.C. RESOLUTION NO. 2004-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING VARIANCE
(CASE NO. ZON2004-00108) A REQUEST TO ALLOW THE
CONSTRUCTION OF A NEIN 504 SQUARE FOOT DIRECT
ACCESS GARAGE AND A 105 SQUARE FOOT STORAGE
AREA TO ENCROACH 4'-0" INTO THE 20'-0" FRONT YARD
SETBACK AT 4372 ADMIRABLE DRIVE.
WHEREAS, on July 11, 2002, the Director of Planning, Building and Code
Enforcement approved Landslide Moratorium Exception Permit Case No.
ZON2001-00056 to allow the submittal of the necessary Planning Department
applications to request approval for a 1,025 square foot first story addition and a
new 1,392 square foot second story addition to an existing 2,531.5 square foot
residence, and to legalize a non -permitted 672 5 square foot storage, guest
room, cabana, and sauna, a non -permitted 200 square foot greenhouse, and a
non -permitted 128 square foot view house; and,
WHEREAS, on November 26, 2002, the Planning Commission adopted
P C. Resolution No. 2002-31, approving with conditions Height Variation,
Variance, and Site Plan Review (Case No. ZON2002-00361), to allow the
construction of a 1,025 square foot first story addition and a new 1,312 square
foot second story addition to an existing 2,531 5 square foot residence (including
a two -car garage), and to legalize 672 5 square feet of non -permitted
construction; and,
WHEREAS, on March 11, 2004, Variance Case No. ZON2004-00108 was
submitted to the Planning, Building and Code Enforcement Department for
processing; and,
WHEREAS, on May 20, 2004 the subject application was deemed
complete for processing by Staff; and,
WHEREAS, on May 21, 2004 a public notice was mailed to property
owners within a 500 foot radius of the subject property informing them of the
proposed project. Furthermore, a notice was published in the Palos Verdes
Peninsula News on May 23, 3004 ; and,
WHEREAS, pursuant to the provision of the California Environmental
Quality Act, Public Resources Code Section 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 (Case No ZON2004-00108) would have a significant effect on the
P.0 Resolution No. 2004-26
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environment and, therefore the proposed project has been found to be
categorically exempt (Class 3, Section 15303(a)); 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 June 8, 2004, 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: That there are no special circumstances or conditions
applicable to the property involved, or to the intended use of the property which
do not apply generally to other properties in the same zoning district, since a
modification to the proposed garage could be constructed to meet the required
front yard setback by demolishing part of the wall between the existing garage
and the existing residence, so that it meets the front yard setback requirement
Section 2:1 That the Variance is not necessary for the preservation and
enjoyment of a substantial right of the applicant, which right is possessed by
other property owners under like conditions in the same zoning district, because
there are other ways to design the garage so it complies with the side yard
setback requirement, although the existing residence and the surrounding
residences were built with substandard setback
Section 3: That approval of the Variance will cause materially
detrimental effects on surrounding properties, in that parking on a reduced
driveway length will encroach into the public right of way.
Section 4:, � That the Variance request is not contrary to the goals and
policies of the General Plan because the development of accessory structures for
single-family residences is consistent with this underlying land use designation.
Section 5; Any interested party 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 adoption of this resolution.
Section 6:, 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 denies
Variance (Case No.ZON2004-00108), thereby denying the request to construct a
new 609 square foot direct access garage and storage area to encroach into the
required 20'-0" front yard setback.
P.C. Resolution No. 2004-26
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PASSED, APPROVED, AND ADOPTED this 8th day of June, 2004, by the
following vote:
AYES: Commissioners Karp, Knight, and Tetreaut
NOES: Commissioner Gerstner
ABSTENTIONS: None
ABSENT: Commissioner VanWagner, Vice Chair Cot and rman Mueller
Craig Mueller
Chairman
Joe jas' A'
Dire t r of P
la Building
and ode Enforcement;
t; and,
Secretary to the Planning Commission
P.C. Resolution No. 2004-26
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