CC RES 1990-031RESOLUTION N0, 90 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RAfNCHO PALO-S VERDES DENYING THE APPEAL OF
VARIANCE NO, 2451 COASTAL PERMIT NO. 79, AND
EXTREME SLOPE PERMIT No, 18 THEREBY UPHOLDING
THE PLANNING COMMISSION APPROVAL OF THE PROJECT
AT 98 YACHT HARBOR.
WHEREAS, on March 13, 1990, after notice and public hearings
pursuant to the City's Development Code, the Planning Commission
approved Variance No. 245, Coastal Permit No. 79, and Extreme
Slope Permit No. 18 subject to conditions; and
WHEREAS, on March 28, 1990, Mr. Lee T. Paterson filed an
appeal with the City Council within 15 days of the decision of the
Planning Commission; and
WHEREAS, on May 1, 1990, the City Council conducted a public
hearing, 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 there are exceptional or extraordinary
circumstances or conditions applicable to the property which do
not apply generally to other properties in the same zoning
district, in that the lot size and dimensions are substandard and
do not meet the requirements of the RS -2 zoning district.
Section 2: That the Variance is necessary for the
preservation and enjoyment of a substantial property right of the
landowner, since the existing covered patios enhance the use of
the property and do not increase habitable area, and that the
proposed bedroom addition is within the "minor" scope permitted in
the Coastal Zone,
Section 3. That granting of the Variance will not be
materially detrimental to the public health, safety, and welfare
since there will be no increased water usage, the applicant shall
submit a soils report and comply with all recommendations of the
City's geotechnical staff, and the existing and proposed
improvements to the property do not and would not adversely impact
the privacy or views of the surrounding properties.
Section 4: The existing and proposed development is in
conformance with the Coastal Specific Plan since the subject
property is not located in an Open Space Hazard Zone and there
would be no additional water usage. Also, that the proposed
development is located on one parcel in the Portuguese Bend Club,
consisting of three consecutive lots, and the 400 square foot
bedroom expansion on this lot can be considered a minor addition.
Section 5: That the'existing -development, which is located
between the sea and the first public road, is in conformance with
applicable public access and recreation policies of the Coastal
Act, in that there are no public trails or access points on the
subject property which the proposed addition disturbs.
Section 6: That the existing deck cannot be reasonably
accommodated in another location since the yard area is not
immediately adjacent to the house and is oriented toward a
different view, and that the deck does not adversely impact
neighboring properties or disturb the slope as it is an integral
part of the structure and is partially shielded by vegetation, and
is therefore consistent with the General Plan and Coastal Specific
Plan.
Section 7: That the conditions of approval are necessary
and appropriate to protect the environment and mitigate the
impacts of development in the Coastal Zone, seaward of the Coastal
Setback Line, and in the Landslide Moratorium Area.
Section -8: For the foregoing reasons and based on the
information and findings included in the staff report, minutes,
and records of proceedings, the City Council hereby denies the
appeal, thereby upholding the Planning Commission's approval of
Variance No. 245, Coastal Permit No. 79, and Extreme-Slope Permit
No. 18, subject to the conditions attached in Exhibit "A", which
are necessary to protect the public health, safety and welfare.
'PASSED, APPROVED, and ADOPTED this 15th day of Yr 19900
X
ATrTT d/. � r
Cify Clerk
St�&e of California
County of Los Angeles ss
'City of Rancho Palos Verdes
It JO PURCELL,, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 90-31 was duly and
regularly passed and adopted by the said City Counc*l at a regular
meeting thereof held on May 15, 1990.
-v City Clerk
Cityl f Rancho Palos Verdes
Resolution 90-31
Page 2
EXHIBIT "A"
Variance No. 245; Coastal Permit No. 79;
Extreme Slope Permit No. 18
98 Yacht Harbor
1* A City Landscape Covrenant ' to maintain property to protect
views shall be submitted to be recorded prior to issuance of
Building Permits,
2. The landowner shall submit a notarized Liability Waiver as
the proposed improvements are located in the Landslide
Moratorium,
39 If required by the City geotechnical staff, the applicant
shall submit a soils report. If a soils report is required,
the City geotechnical staff shall specify in writing the
reasons for requiring the report and the issues the report
must address. The report shall be prepared in a form
satisfactory to the City's geotechnical staff and the
applicant shall comply with all recommendations of the City's
geotechnical staff.
4. No additional square footage beyond the approved 400 square
foot bedroom expansion, the 483 square foot covered patio in
the side yard, the 189 square foot covered patio in the rear
yard shall'be added t0'the residence.
J. No additional lot coverage shall be approved in the future.
69 No plumbing facilities shall be added to the approved bedroom
addition.
7. The 6 foot solid wood fence within the front yard setback
shall be removed or reduced to 42" in height. The chainlink
fence within the front yard setback shall be removed.
8. Roof runoff from all buildings and structures on the site
shall be contained and directed to the street or an approved
drainage course.
9. The trash area and "dog yard ", in the level area on the north
side of the residence, shall be vacated, developed and
maintained to provide off street parking for two cars,
Exhibit "A" RESOL. 90 -31
10. All lot drainage deficiencies, if any, identified by the
director of. Public Works, shall be corrected prior to final
inspection,
11* Submit an irrevocable offer for sewer and storm drain
easements prior to final inspection,
12* Submit an irrevocable offer to join a sewer district when one
is formed and/or prior to final,
13. All landscaping irrigation systems shall be 'part of a water
management system approved by the Director of Public Works,
14. All other necessary permits and approvals required pursuant
to the Rancho Palos Verdes Municipal Code or any other
applicable statute law or ordinance shall be obtained,
15. The Moratorium Exemption and Planning approval shall be void
after 180 days unless an application for a building permit is
submitted and kept active through the department of building
and safety,
16. Submit a "Hold Harmless" agreement prior to issuance of a
building permit,
17. The property 'owner shall record a covenant". to run with the
land, prohibiting further additions, habitable or non-
habitable, on the subject property. Said covenant shall be
recorded prior to issuance of building permits.
18. No new plumbing fixtures which involve additional water
usage, e.g., sinks, toilets, spas, pools, sprinklers, etc,,,
shall be permitted,
-2- Exhibit "A" RESOL. 90-31