PC RES 1991-022P.C. RESOLUTION NO. 91-22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF RANCHO PALOS VERDES
APPROVING VARIANCE NO. 291 AND COASTAL
PERMIT NO. 100, TO ALLOW A FIRST AND
SECOND STORY ADDITIONS AT 99 SPINDRIFT.
WHEREAS, the applicant, Mr. Peter Welsh, has requested a
Variance application to allow for encroachments into the setbacks
and to allow for an excess of the 250 square foot limit for
additions within the Coastal Setback Zone and a Coastal Permit
application since the property is within the Coastal Specific Plan
District to allow for first and second story additions; and
WHEREAS, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Development Code, a public hearing was
held on May 28, 1991, 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 applicant's lot is less than one-fifth the
size of newly created RS -2 zoned properties, and when the
comparison is done with the applicant's actual developable land,
(there are several undevelopable extreme, transitional slopes on
the property), this physical constraint is further amplified.
Section 2- That such a Variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant, since the applicant is unable to develop his property
without the Variance due to -the physical constraints caused by the
lack of area and restricted extreme slopes.
Section 3: That the granting of the Variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property is
located, since, upon performing a view analysis from homes in the
vicinity and conducting a survey of the area, the applicant's
proposal will not cause significant or cumulative view impairment
and will maintain the general neighborhood character.
Section 4: That the granting of such a Variance will not be
contrary to the objectives of the General Plan since the proposal
will not alter the existing residential use of the property.
It is Staff's opinion that even though the Development Code limits
additions to homes in the Coastal Setback Zone to 250 square feet,
the applicant's proposal for a 122 square foot "enclosure" of an
existing deck and a 250 square foot second story "addition" meets
the general intent of the policies and requirements of the Coastal
Specific Plan.
Section 5s For the foregoing reasons and based on the
information and findings included in the Staff report and records
of the proceedings, the Planning Commission hereby approves
Variance No. 291 and Coastal Permit No. 100 subject to the
conditions contained in Exhibit "A" attached hereto and made a
part hereof, which are necessary to preserve the public health,
safety, and general welfare in the area.
PASSED, APPROVED, AND ADOPTED this 28th day of May, 1991.
'fit e� Bewfird, Directo of
E i.ronmental Service and
Secretary to the Commission
Peter V n Hagen
Chairman
P.C. Resolution No. 91-22
Page 2
Conditions of Approval for
Variance No. 291 and Coastal
Permit No. 100
1) Maximum approved total addition shall not exceed 372 square
feet: 250 square feet, second story addition; 122 square feet,
deck enclosure.
2) Irrigation for landscaping shall be permitted only as necessary
to maintain the yard and garden. Landscape areas on the
property shall have separate drip irrigation systems. The rear
yard shall be planted and maintained at maximum 20% high water
usage. Landscaping on entire property shall remain 80% drought
tolerant planting materials. All landscaping irrigation
systems shall be part of a water management system approved by
the Director of Public Works.
3) Roof runoff from all buildings and structures on the site shall
be contained and directed to the street or an approved drainage
course. The yard drainage shall be approved by the City
Engineer. All new level lawn areas shall have a minimum 2
percent slope. All lot drainage deficiencies, if any,
identified by the Director of Public Works, shall be corrected
prior to final inspection.
4) If required by the City geotechnical staff, the applicant
shall submit a soils report. If a soils report is required,
the City geotechnical 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.
5) Submit an irrevocable offer for sewer and storm drain
easements prior to final inspection; submit an irrevocable
offer to join a sewer district when one is formed prior to
final; submit a notarized Liability Waiver/Hold Harmless
agreement; submit a City Landscape Covenant to maintain
property to protect views prior to issuance of Building
Permits. All Covenants are to be recorded at the applicant's
expense.
6) No additional lot coverage shall be approved in the future.
Limit the size of the addition to the specific square footage
approved and require the owner to 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 No. 91-22
Page 3
7) In the event that Chapter 15.20 of the Municipal Code
(Moratorium on Land Use Permits), and/or Section 17.34.060 of
the Development Code, (Coastal Specific Plan District) are
amended, the Covenant required limiting lot coverage and
square footage may be amended to conform with the changes or
may be extinguished by resolution of the City Council.
8) See attached approval conditions for Height Variation No. 713.
P.C. Resolution No. 91-22
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