PC RES 1990-021•
P.C. RESOLUTION NO. 90-21
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 255 AND COASTAL PERMIT NO. 85 TO ALLOW AN
EXISTING 632 SQUARE FOOT DECK AN EXISTING 284
SQUARE FOOT STORAGE AREA UNDERNEATH THE DECK
IN THE SIDE AND REAR YARDS AND A 345 SQUARE FOOT
PATIO ENCLOSURE AND SPA WITHIN THE FRONT YARD
SETBACK LOCATED IN THE COASTAL ZONE AT 131 YACHT
HARBOR.
WHEREAS, Mr. Don Pierson has requested a Variance and
Coastal Permit for additions to exceed the 250 square feet maximum
within the Coastal Zone, and a reduction in the front yard setback
requirements at 131 Yacht Harbor; and
WHEREAS, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Development Code, a public hearing was
held on April 24, 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 that the lot
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, storage area, patio enclosure
and spa enhance the use of the property and do not increase
habitable area.
Section 3: That granting of the Variance will not be
materially detrimental to the public health, safety, and welfare
as there is no increased water usage, since the spa is self-
contained and portable, the applicant shall submit a soils report
and comply with all the recommendations of the City's geotechnical
staff and the existing improvements to the property do not
adversely impact the privacy or views of the surrounding
properties.
Section 4: The existing development is in conformance with
the Coastal Specific Plan since the subject property is not
located in Open Space Hazard Zone and there is no additional water
usage. Also, the existing development is in conformance, since
the existing residence is located on one of the larger parcels
(19,668 square feet) in the Portuguese Bend Club, and the existing
improvements of 1,261 square feet can be considered minor
additions in relation to the size of the lot.
Section 5: That the existing development, which is located
between the ocean 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 7: For the foregoing reasons, the Planning
Commission of the City of Rancho Palos Verdes hereby approves
Variance No. 255 and Coastal Permit No. 85 to allow a 916 square
foot deck and storage, and a 345 square foot patio enclosure and
spa, subject to the conditions of approval in Exhibit "A".
PASSED, APPROVED, and ADOPTED
/ ZI,
Kobel,rt Benar , Director of
Environmental Services and
Secretary to the Commission
P.C. Resolution 90-21
Page 2
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EXHIBIT "A"
(b
Variance No. 255; Coastal Permit No. 85;
131 Yacht Harbor
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 632 square
foot deck in the side and rear yards, 284 square foot storage
area underneath the deck in the rear yard, and the 345 square
foot patio enclosure and spa within the front yard setback
shall be added to the residence.
5. No additional lot coverage shall be approved in the future.
6. No plumbing facilities shall be allowed.
7. Water runoff from all structures on the site shall be
contained and directed to the street or an approved drainage
course.
8. All lot drainage deficiencies, if any identified by the
director of Public Works, shall be corrected prior to final
inspection.
9. Submit an irrevocable offer to join a sewer district when one
is formed and/or prior to final inspection.
10. All landscaping irrigation systems shall be part of a water
management system approved by the Director of Public Works.
11. All other necessary permits and approvals required pursuant to
the Rancho Palos Verdes Municipal Code or other applicable
statute law or ordinance shall be obtained.
12. The Moratorium Exemption and approvals 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.
P.C. Resolution 90-21
Page 3
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13. Submit a "Hold Harmless" agreement prior to issuance of a
building permit.
14. 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.
P.C. Resolution 90-21
Page 4