PC RES 2010-032 P.C. RESOLUTION NO. 2010-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
VARIANCE, COASTAL PERMIT AND SITE PLAN REVIEW TO
CONSTRUCT A 191 SQUARE FOOT BALCONY AT THE FRONT OF
AN EXISTING SPLIT-LEVEL RESIDENCE, PROJECTING INTO THE
FRONT AND NORTH SIDE SETBACKS, AND EXCEEDING THE
MAXIMUM LOT COVERAGE ALLOWABLE LOCATED AT 109
SPINDRIFT DRIVE (ZON2009-00402).
WHEREAS, on September 16, 2009, the City approved a Landslide Moratorium
Exemption permit (Case No. ZON2009-00065) for the proposed project at 109 Spindrift Drive,
which included conceptual approval of the Geology Report by the Geologist; and,
WHEREAS, on October 12, 2010, the applicant and homeowner submitted a Variance,
Coastal Permit, and Site Plan Review application, with Neighborhood Compatibility, to the
Community Development Department; and,
WHEREAS, after an initial completeness review by Staff on October 19, 2010, the
application was deemed incomplete; and,
WHEREAS, after additional information was submitted again on June 24, 2010; July 1,
2010; July 28, 2010; August 13, 2010; and August 26, 2010, the application was deemed
generally complete for processing on September 2, 2010; and,
WHEREAS, on September 16, 2010, notice of the application was sent to all property
owners within 500 feet of the subject site, including the property owner, applicant, the
Portuguese Bend Club homeowners association, and the California Coastal Commission; and,
WHEREAS, on September 16, 2010, the notice of application was published in the Palos
Verdes Peninsula News; 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 the Variance, Coastal Permit and Site Plan Review
application will have a significant effect on the environment and, therefore, the proposed project
has been found to be categorically exempt under Class 3 (Section 15303); and,
WHEREAS, on October 12, 2010, the Planning Commission held a public hearing, 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: The Variance, Coastal Permit and Site Plan Review request is for the
construction of a 191 square foot balcony at the front of an existing split-level residence,
projecting into the front and north side setbacks, exceeding the maximum lot coverage
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allowable, and exceeding the 50% minimum landscaping area in the front setback area.
Section 2: The Variance to allow 1) reduced setbacks for a balcony structure within
the front and north side setbacks and 2) a structure resulting in over the maximum 40% lot
coverage on the property can be approved because:
1.1 In reference to reduced setbacks for a balcony structure within the front and north side
setbacks:
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property or designated land use that do not apply to other properties in the same zoning
district because upon surveying the immediate neighborhood, the majority of residences
surrounding this property do not have conforming front or side yard setbacks due to the
non-conforming size of most of the lots which are not typical for the RS-2 zoning
districts.
B. The reduced setbacks for the 191 square foot balcony are necessary for the
preservation and enjoyment of a substantial property right of the applicant, which is
possessed by other property owners in the same zoning district because many other
homes within the immediate neighborhood have portions of their structure built within the
required front and side setback areas, including balcony-like structures. Also, in order to
enjoy the view from the property, the only available area in which to proposed usable
outdoor space is along the front of the existing residence, within these front and side
setback areas, similar to what currently existing within the neighborhood.
C. Construction of the balcony with a reduced front and side yard setback will not be
materially detrimental to the surrounding neighborhood as the applicant has submitted
and received conceptual approval of a geology report reviewed by the City Geologist
indicating that there are no geological hazards caused by the proposed additions.
Additionally, all construction is required to adhere to the provisions of the California
Uniform Building Code, as amended by the City of Rancho Palos Verdes, and will be
required to meet all Planning Conditions of Approval. Lastly, a Condition of Approval
has been added requiring a privacy screen along the southern side of the proposed
balcony in order to alleviate any potential privacy impacts to the neighboring property.
D. Construction of a balcony with a reduced front and side yard setback would not be
contrary to the goals and policies set forth in the General Plan and/or Coastal Specific
Plan as the General Plan land use designation for the subject property is Residential 1-2
DU/acre and the development and improvement of additions to a single-family residence
and related accessory structures are among the primary permitted uses within this land
use designation. This is also reflected in Housing Activity Policy No. 3 of the General
Plan (Pg. 78), which calls upon the City to "fencourage] and assist in the maintenance
and improvement of all existing residential neighborhoods so as to maintain optimum
local standards of housing quality and design." The proposed project implements this
policy as the proposed construction and deviations from the code are common within the
Portuguese Bend Club.
1.2 In reference to the structure resulting in over the maximum 40% lot coverage:
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property or designated land use that do not apply to other properties in the same zoning
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district because the subject property currently does not meet the maximum allowable lot
coverage requirement due to the non-conforming lot size which is common for the
Portuguese Bend Club neighborhood.
B. Exceeding the maximum 40% lot coverage allowable is necessary for the preservation
and enjoyment of a substantial property right of the applicant, which is possessed by
other property owners in the same zoning district because many other lots within the
neighborhood currently exceed the allowable maximum lot coverage restrictions, with
the existing buildings built on non-conforming sized lots where meeting the 40%
maximum lot coverage restriction would be unreasonable.
C. Construction of a balcony structure, which will exceed the maximum 40% lot coverage
restriction, will not be materially detrimental to the surround neighborhood as the existing
residence already exceeds the lot coverage threshold, and the balcony is proposed in an
area in which many other neighborhood lots currently have structures already built in this
area.
D. Exceeding the maximum 40% lot coverage allowable in the front yard area would not be
contrary to the goals and policies set forth in the General Plan and/or Coastal Specific
Plan as the General Plan land use designation for the subject property is Residential 1-2
DU/acre and the development and improvement of additions to a single-family residence
and related accessory structures are among the primary permitted uses within this land
use designation. This is also reflected in Housing Activity Policy No. 3 of the General
Plan (Pg. 78), which calls upon the City to "[encourage] and assist in the maintenance
and improvement of all existing residential neighborhoods so as to maintain optimum
local standards of housing quality and design." The proposed project implements this
policy as the proposed construction and deviations from the code are common within the
Portuguese Bend Club.
Section 3: The Coastal Permit for construction of a structure within the Coastal Zone
can be approved because:
A. The construction is consistent with the Coastal Specific Plan. The subject site is located
within Subregion 6 of the Coastal Specific Plan which is an existing residential area built
as part of the private, gated community of the Portuguese Bend Club. This region is
bordered by the Active Portuguese Bend Landslide to the west and by the Trump
National driving range to the east, which is part of Subregion 7. The intent of Subregion
6 of the Coastal Specific Plan is to protect natural resources as well as public access
and to maintain the "strong unified character...and active homogeneity which establishes
it as a distinct neighborhood." The proposed balcony is in line with other development
found along Spindrift Drive and the immediate neighborhood, thereby maintaining the
character and homogeneity found within this neighborhood and consistent with
Subregion 6 of the Coastal Specific Plan. Furthermore, the subject site is currently
developed with a single-family residence and the site is not located in an area dedicated
for public access.
B. The "Path and Trail Network" Section of Subregion 6 of the City's Coastal Specific Plan
states "no public trails or coastal access points are provided now within the Subregion
[6], nor are they proposed for the future.... This private access is a positive measure in
controlling human exposure to the sensitive intertidal habitat in the area." Further, the
subject property and proposed balcony does not affect the other public access and
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recreation policies identified in the Corridor Element of the City's Coastal Plan.
Section 4: The scale of the proposed balcony is compatible with the immediate area;
as there are many other balcony-like structures along the front of the residences in the
immediate neighborhood that appear similar is size and shape; and the overall lot coverage
appears to be similar to what is seen in aerial photos of the neighborhood.
Section 5: The architectural style of the proposed balcony is compatible with the
immediate area, as the proposed project was designed to match the materials of the main
residence, as well as reflect other architectural features seen among the residences in the
immediate neighborhood; the structure height does not significantly impair the view from the
viewing areas of surrounding properties; and, the bulk and mass of the proposed project is
balanced out by the amount of space around the structure and between neighboring property
structures.
Section 6: The setbacks for the proposed balcony are compatible with the immediate
area, as there were other structures observed in the immediate neighborhood that currently do
not meet or encroach within the required setback standards in a similar manner as the proposed
balcony.
Section 7: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, October
27, 2010. A $2,255.00 appeal fee must accompany any appeal letter. If no appeal is filed
timely, the Planning Commission's decision will be final at 5:30 PM on October 27, 2010.
Section 11: For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby conditionally approves the Variance, Coastal Permit and Site Plan Review, subject to the
conditions set forth in the attached `Exhibit A' (Case No. ZON2009-00402).
PASSED, APPROVED AND ADOPTED this 12th day of October 2010, by the following vote:
AYES: Commissioners Emenhiser, Knight, Leon, Tetreault, Vice Chairman Tomblin,
Chairman Gerstner
NOES: None
RECUSALS: Commissioner Lewis
ABSTENTIONS: None
ABSENT: None
Bill rstner,
Chairman
Joel Roja , ICP
Commu ty 1evelopUnt Director; and,
Secreta f the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. ZON2009-00402 (VAR, CP, SPR)
109 SPINDRIFT DRIVE
1. Approval of this Variance, Coastal Permit and Site Plan Review Permit 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 approval shall become null and void after 1 year from the date of 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, said, "plan check" or permit is allowed to expire or is withdrawn by the
applicant.
3. 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. Said
statement shall be submitted to the Community Development Director prior to submittal
of plans to "plan check" or within ninety (90) days of the effective date of approval, which
ever occurs first. Failure to provide said written statement shall render this approval null
and void.
4. This approval of a Variance, Coastal and Site Plan Review Permit is for the construction
of a 191 square foot balcony, accessed solely from the second story, in the front yard
area of an existing single-family residential property. This approval also allows a partial
remodel of the existing structure, as well as new landscaping and hardscape within the
front yard area.
5. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following:
Front Yard: V-5" (as measured from the 20 foot right of way easement)
Rear Yard: 16'-0" (no change)
Side Yard: 4'-1" (measured from the northern side property line)
5-0" (measured from the southern side property line)
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, FRONT AND
SIDE YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND
SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS FOR THE
PROPOSED STRUCTURE.
6. The height of the proposed balcony is limited to 15'-0" tall, as measured from the lowest
adjacent grade to the top of the railing, and 13'-7" tall, as measured from the highest
adjacent grade to the top of the railing.
7. A privacy screen shall be constructed along the southern side of the proposed balcony,
adjacent to the main structure, not to exceed 8'-0" tall as measured from the balcony
flooring. The material of this privacy wall shall be of a solid or opaque material that
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blends with the residence, and is subject to review and approval by the Community
Development Director prior to submittal for a Building Permit.
8. Variance approval allows the proposed lot coverage to exceed the maximum allowed lot
coverage (40%), thus increasing the lot coverage to 44%.
9. No more than 50% of any existing interior and exterior walls or existing square footage
may be removed or demolished. Residential buildings that are remodeled or renovated
such that 50% or greater of any existing interior or exterior walls or existing square
footage is demolished or removed within a two-year period shall be considered a new
residence and shall then conform to all current development standards for that zoning
district and the most recently adopted version of the Uniform Building Code.
10. No grading is allowed through this approval.
11. Any outdoor furnishings, accessories or plants located on the roof deck, which exceed
the height limits established in Development Code Section 17.02.040, shall not
significantly impair a view from.surrounding properties.
12. All conditions associated with the Landslide Moratorium Exception Permit (ZON2009-
00065) shall remain in full effect in association with approval of this Variance, Coastal
and Site Plan Review permit.
13. The Community Development Director is authorized to approve minor modifications to
the conditions of approval and/or the approved plans, provided such modifications will
achieve substantially the same results as would strict compliance with the original plans
or conditions. Any modifications the Director does not deem minor requires approval
from the original final decision body.
14. 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. Trucks and other construction vehicles
shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way
before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of
construction stated above.
15. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the single-
family residential development standards of the City's Municipal Code.
16. 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.
17. 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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18. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
19. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of a
parcel of property or properties other than that upon which such light source is physically
located.
20. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
21. The construction site shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on the construction site if required by
the City's Building Official. Said portable bathrooms shall be subject to the approval of
the City's Building Official and shall be placed in a location that will minimize disturbance
to the surrounding property owners.
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