CC RES 1992-022RESOLUTION NO. 92 -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF
VARIANCE NO. 311 AND COASTAL PERMIT NO. 108 TO
ALLOW A REDUCTION IN THE FRONT YARD SETBACK
AND TO EXCEED THE 250 SQUARE FOOT ADDITION
LIMITATION TO ACCOMMODATE ADDITIONS TO AN
EXISTING RESIDENCE AT 96 YACHT HARBOR DRIVE,
WHICH IS LOCATED WITHIN THE LANDSLIDE
MORATORIUM BOUNDARY AND SEAWARD OF THE COASTAL
SETBACK LINE.
WHEREAS, the applicants, Mr. and Mrs. Tor Petterson, requested
a Variance and a Coastal Permit to allow for a maximum 13 foot
encroachment into the required front yard setback and to exceed the
250 square foot addition limitation of the Code for additions to an
existing residence; and
WHEREAS, on November 26, 1991, a duly noticed public hearing
was held before the Planning Commission of the City of Rancho Palos
Verdes, at which time all interested parties were given an
opportunity to be heard and present evidence; and
WHEREAS, the Planning Commission denied the applicants'
requests because the request involved a tear -down of the existing
structure, and the Planning Commissioners took the position that it
fell beyond the scope of their authority to allow a tear -down
within the landslide moratorium area and Coastal Setback Zone; and
WHEREAS, on December 9, 1991, the landowner appealed the
Planning Commission's decision to the City Council, within the 15
day appeal period, and
WHEREAS, after notice pursuant to the provisions of the Rancho
Palos Verdes Development Code, a public hearing was held on
February 18, 1992, at which time all interested parties were given
an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the exceptional or extraordinary
circumstances which apply to this property which do not apply
generally to other property in the same zoning district are: that
the lot is of a substandard size (8820 square feet in a minimum
20,000 square foot lot district); that the foundation of the
structure has been damaged by effects resulting from uncompacted
fill (and not due to cliff erosion and landslide movement; and
that, since little area exists on this lot for expansion, the
reduction in the required front setback as well as the minor
reduction in. the minimum required open space should be p ermitted,
Section 2: That the variance is necessary for the
preservation and enjoyment of the substantial property right of the
applicant, and that this right is possessed by other property
owners under like conditions in the same zoning district in that
other properties within the Portuguese Bend Club have been granted
variances to repair their foundations and make minor additions to
their homes.
Section 3: That the granting of the variance will not be
materially detrimental to the public welfare or injurious to the
property and improvements in the area in which the property is
located because the project requires no grading (other than that
necessary for fill recompaction) , will add no additional plumbing,
and a geology report has been submitted and preliminarily approved
by the City.
Section 4: That the granting of the variance will not be
contrary to the objectives of the General Plan because the tearing
down and replacement of this structure will not increase the
residential density or use in the area over existing conditions and
that the settling of the foundation was determined to be caused by
uncompacted fill and not due to landslide movement. The property
is also located within Subregion 6 of the Coastal Specific Plan
District. Subregion 6 is an existing single- family residential
community with beach facilities. The fundamental criteria which
define this area as an individual subregion are its strong unified
character and active homeowners network,. creating a homogeneity
which establishes it as a distinct neighborhood. The granting of
this Variance will not change this homogeneity.
Section 5: For the foregoing reasons and based on the
information and findings included in the Staff Report and records
of proceedings, the City Council of the City of Rancho Palos Verdes
hereby sustains the appeal of Variance No. 311 and Coastal Permit
No. 108, thereby approving the project subject to the Condit ions of
Approval listed in the attached Exhibit "A,," which are necessary to
preserve the public health, safety, and general welfare in the
area.
Resolution No. 92 -22
Page 2 of 3
PASSED, APPROVED AND ADOPTED this 4th day of March, 1992.
ATTEST:
CUT CL
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS
CITY OF RANCHO PALOS VERDES }
I , Jo Purcell, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 92 -22 was duly and
regularly passed and adopted by the said City Council at a regular
meeting held on March 3, 19920
'"t�S
CITY C K, RANCHO PALOSS VERD
Resolution No. 92 -22
Page 3 of 3
Exhibit "A"
Conditions of Approval
Variance No. 311 and Coastal Permit No, 108
96 Yacht Harbor Drive
1. The maximum allowable encroachment into the 20 foot required
front yard setback shall not exceed 13 feet at its closest
point to the front property line. The structure must be a
minimum_ of 7 feet at the closest point from the property line .
2. Minimum side yard setbacks shall be 10 feet on the assumed
southern boundary and 5 feet on the assumed northern boundary*
3. The maximum ridgeline height of the structure shall not` exceed
1610" from the highest point covered by the structure.
CRITICAL -- RIDGELINE CERTIFICATION REQUIRED. (Elevation to
be verified on final plans.)
4. No grading other than that required for replacement of the
structure and deck has been approved with this permit.
5. Maximum square footage of the new structure shall not exceed
3150 square feet. ( Current 2781 square foot footprint plus
369 square foot addition.)
69 The existing deck may be replaced, but may not be expanded, or
may not encroach further over the extreme slope. (Deck to be
replaced along rear of house measures 432 square feet [8' x
54-#J,)
7. Current floor plan, including plumbing fixtures, shall be
verified by building inspector prior to issuance of demolition
permit.
81 No new plumbing fixtures shall be added.
9. Complete soils and geology reports will be required for the
Department of Building and Safety and must meet their
standards.
10. Maximum allowable eave projections shall not exceed 4" for
each 110" of setback.
11. The property owner shall complete, notarize, and submit a
Covenant to Protect Views to the Environmental Services
Department prior to the issuance of final building permits.
RESOL. NO. 91 -22