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PC RES 1990-014P.C. RESOLUTION NO. 90-14 A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 250 AND COASTAL PERMIT NO. 83 TO ALLOW A 255 SQUARE FOOT DECK WITHIN THE FRONT YARD SETBACK LOCATED IN THE COASTAL ZONE AT 202 SEASCAPE DRIVE. WHEREAS, Dr. John Afi.nowicz has requested a Variance and Coastal Permit to allow for a reduction in the front yard setback for an exiting 255 square foot deck located at 202 Seascape Drive in the Coastal Zone; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on March 13, 1990, 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: 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 deck enhances the use of the property, does not increase habitable area, and 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 exiting 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 the Open Space Hazard Zone, the existing deck would not change the present residential use of the property or increase water usage and is considered a minor addition within the 250 square foot limitation allowed in the Coastal Zone. Section 5: That the existing development, which is located between the sea and the first public road, is in conformance with C 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: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby approves Variance No. 250 and Coastal Permit No. 83 subject to the conditions of approval contained in Exhibit "A". PASSED, APPROVED, and ADOPTED this 13th day o i bert Mc lty Chairman Obert Bena d, Directo of Environmental Services and Secretary to the Commission rc,h 1990. P.C. Resolution No. 90-14 Page 2 EXHIBIT "A" Variance No. 250; Coastal Permit No. 83; 202 Seascape Road 1. A City Landscape Covenant 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. 3. 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 255 square foot deck shall be added to the residence. 5. Submit an irrevocable offer for sewer and storm drain easements prior to final inspection. 6. Submit an irrevocable offer to join a sewer district when one is formed and/or prior to final. 7. All landscaping irrigation systems shall be part of a water management system approved by the Director of Public Works. 8. 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. 9. 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. 10. Submit a "Hold Harmless" agreement prior to issuance of a building permit. 11. 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. 12. No additional water usage shall be approved. P.C. Resolution No. 90-14 Page 3 0 0 13. Roof runoff from all buildings and structures on the site shall be contained and directed to the street or an approved drainage course. P.C. Resolution No. 90-14 Page 4