TO: PLANNING COMMISSION
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: May 20, 2025
SUBJECT:
Title
VARIANCE (FILE #24-V01), A REQUEST TO ALLOW REDUCED SIDE YARD SETBACK TO LEGALIZE AN UNPERMITTED PATIO COVER IN THE REAR YARD OF THE PROPERTY LOCATED AT 2743 SAN ANGELO. APPLICANT - MARK SMITS AND ROBERTA GALENTI
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SUMMARY
The applicants have requested approval of a variance to allow for reduced side yard setbacks to legalize a patio cover built without the benefit of approval or permit in their backyard at the above-referenced address. The Variance application was submitted in response to a code enforcement complaint regarding the unpermitted patio construction. Upon inspection, staff determined that the patio cover was built too close to the side property line on both sides of the parcel.
The hillside property is a view lot and as such, it contains an upslope in the front yard, and a steep downslope in the backyard with the house sitting at the highest point of the property. The applicant expressed that the enlarged patio cover was necessitated by privacy concerns since their neighbors on both sides have decks. Due to the unique orientation of the hillside properties, without the patio cover, both neighbors could look into their pool and spa area, as well as their interior living spaces.
The property is within the RS 20,000 zone. Pursuant to Section 16.001.040.A of the Claremont Municipal Code (CMC), the required side yard setback is eight feet (8’). However, the applicant’s patio cover was built with side yard setbacks ranging from 5’-4” to 0” to the side property lines and therefore violates the side yard setback requirements.
Pursuant to Section 16.309.000 of the CMC, the Planning Commission can grant a reduced setback through a Variance application process. Staff have concluded that the required findings can be made to approve the variance request for the reduced side yard setback consistent with other properties within the Claraboya neighborhood within the same zoning district. Staff have included a Condition of Approval requiring that the subject patio cover shall not be further enlarged or modified to encroach further into the side yard setback area in any portion. Additionally, another Condition of Approval has been included to specify that this variance approval for side yard setback reduction is for the patio cover only and does not apply to any other structures, house additions, or any improvements that may occur on the property in the future.
RECOMMENDATION
Recommended Action
Staff recommends the Planning Commission:
A. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CLAREMONT, CALIFORNIA, APPROVING VARIANCE REQUEST #24-V01 TO ALLOW A PATIO COVER BUILT TO THE SIDE PROPERTY LINES IN THE REAR YARD OF AN EXISTING SINGLE-FAMILY HOME LOCATED AT 2743 SAN ANGELO DRIVE. APPLICANTS - MARK SMITS AND ROBERTA GALENTI; and
B. Find this item is exempt from environmental review under the California Environmental Quality Act (CEQA).
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ALTERNATIVES TO RECOMMENDATION
In addition to staff’s recommendation, the following alternatives have been identified:
A. Continue the matter for additional discussion and/or information.
B. Express an intent to deny Variance #24-V01 in its entirety, specifically identifying the findings of Section 16.309.010 of the Claremont Municipal Code that cannot be met, and continue the item to June 3, 2025, for adoption of a denial resolution as all of the necessary findings cannot be met.
FINANCIAL REVIEW
The processing of this application has no financial impact on the City as the Applicant is responsible for paying all costs associated with its review and approval.
ANALYSIS
Background
• The subject property (APN 8670-002-8029) has an RS 20,000 zoning designation and a General Plan designation of Residential 2. It is located along the east side of San Angelo Drive, south of Via Espirito Santos Street within the Claraboya neighborhood. The property contains a large, steep downslope area in the rear half portion. The southerly neighbor (2739 San Angelo Drive) had a rooftop deck overlooking the subject property from only ten feet away.
• Applicants purchased the property in June of 2019. There was already a palapa patio cover and outdoor kitchen in the southerly portion of the backyard. The palapa patio provided some privacy screening from the southerly neighbor’s rooftop deck.
• The palapa patio cover was destroyed in a windstorm in January of 2022. Shortly after the windstorm, the applicant rebuilt the patio cover and added a partition wall along the south side for privacy, since the neighbor to the south has a rooftop deck and can look into the applicant’s pool and spa, as well as the outdoor kitchen area.
• During this time, the northerly neighbor (664 Napa Court) started building two inground decks into the downward hillside area of their property. The closer of the two decks was built right to the adjoining side property line. The natural terrain of the hill orients the viewshed of the neighbor’s two new decks directly into the applicant’s pool, spa, outdoor kitchen, and the interior living room and kitchen. In response to the new privacy intrusion, the applicant planted a row of Ficus Nitida trees on their property. However, due to the downward slope and the young age of the trees, the trees were not effective in providing privacy screening. Therefore, the applicant extended the patio construction to the southerly side of their backyard for privacy screening.
• Since the patio construction was done without the benefit of approval or permit, the structure was designed based on the need for privacy screening and was built too close to the side property lines. Although the required side yard setback for the RS 20,000 zone is eight feet, the nine-foot-high patio cover was constructed with setbacks ranging from 5’-4” to 0” to the side property lines. Construction was completed in December of 2023.
• In January of 2024, the City received a code violation complaint regarding the unpermitted patio cover and its violation of Section 16.001.040.A. of CMC concerning the side yard setback requirement.
• In April of 2024, the applicant submitted a Variance application for Planning Commission review and approval Pursuant to Section 16.309.000 of the CMC.
Project Description
The applicant’s request is to allow a side yard setback reduction that allows for setbacks ranging from 5’-4” to 0” to match the as-built condition of the existing patio cover, so that they can proceed to apply for a building permit to legalize the patio cover which was built without the benefit of approval or permit. The subject patio cover is located within the rear yard of the applicant’s property and was built over the swimming pool, spa, outdoor kitchen, and a lounge area. The subject patio cover is nine feet in height and wraps around the outer edge of the usable area of the applicant’s rear yard, along the top of the slope. The majority of the patio cover is solid roof, with the center portion being open lattice. The posts and roof were constructed using pressure-treated wood. The ceiling was constructed with spruce pine fir tongue and groove planks stained with red mahogany and sealed with spar varnish. All facia boards are covered with structural aluminum ¼” thick and are also powder-coated black.
The applicants’ justification statement, site plan, elevation drawings, site photos, and the southerly neighbors’ statements of support are included as Attachments B, C, D, E, and F respectively, and are available for review at the public counter at City Hall.
Basis for Recommendation
The Claraboya neighborhood is the only RS 20,000 zone area in the City and it is unique from most parts of the City due to its hilly terrain. All properties within this residential neighborhood have either a steep downslope or a significant upslope. Many of the properties enjoy vast views of the surrounding open space as well as the views of the San Gabriel Valley in the rear yard. This unique characteristic has become the draw for prospective buyers to purchase homes in this neighborhood, as well as a quality-of-life standard expected and commonly enjoyed by residents in this neighborhood. The applicant has explained in the justification statement (Attachment B) that the reason behind the patio construction was to protect their privacy, which was lost due to the southerly neighbor’s rooftop deck, as well as the northerly neighbor’s two inground decks. The two neighbors combined have three decks that can look into the applicant’s pool and spa from a close distance. One of the northern neighbors’ decks even offers views into the interior living spaces of the applicants’ home at close to eye level, line-of-sight, which is unusual for large lots in this neighborhood.
In addition, based on available aerial photographs and elevation contour information, staff identified that the applicants are the only residents in the Claraboya neighborhood who suffer loss of privacy from neighbors’ decks on both sides, looking into their rear yard and interior living spaces at close distance and at a near eye-level line of sight. Finally, the applicant’s lot is 75 feet wide when the minimum lot width of the zone is 90 feet. Given the narrower lot width, the applicant is in need of more room in the side yard to achieve the same level of development as other properties in the RS 20,000 zone that are not burdened by a narrower lot width.
Therefore, staff believes that a variance is necessary for the preservation and enjoyment of the applicant's substantial property right, which other property owners possess under like conditions in the same zoning district. Finally, the next-door neighbors from both sides, who the reduced side yard setback would most impact, have both submitted written statements supporting the approval of the variance.
The approval of a variance requires that the Planning Commission make certain findings as set forth in Section 16.309.010. Staff believes that all the findings can be made to approve the variance request for the reduced side yard setback as identified in the draft resolution (Attachment A).
CEQA REVIEW
The Community Development Director has determined that the proposed variance and related structure are categorically exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303(e) and 15305 (a) in that the subject patio cover is an accessory structure within the applicant’s rear yard, and its encroachment into the required side yard setback area will not result in significant physical impacts to the environment. Therefore, no further environmental review is necessary.
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact Nhi Atienza at natienza@claremontca.gov.
The property was posted on Thursday, May 9, 2025, and written notices were mailed to property owners within 300 feet of the subject property's boundaries. Notice of this public hearing was also published in the Claremont Courier on May 9, 2025. A copy of this staff report has been mailed to the applicant and any other interested parties.
Submitted by: Prepared by:
Brad Johnson Catherine Lin, AICP
Community Development Director Senior Planner
Attachments:
A - Approval Resolution
B - Applicant’s Justification Statement
C - Site Plan
D - Elevation Drawings
E - Site Photos
F - Neighbors’ Support Statements