PC RES 1991-060P.C. RESOLUTION NO. 91-60
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 286 AND COASTAL PERMIT NO. 98 TO ALLOW A
ROOM ADDITION WITHIN THE FRONT YARD SETBACK,
540 SQUARE FEET OF NEW HABITABLE SPACE IN THE
COASTAL SETBACK ZONE AND AN EXCEPTION TO THE
REQUIREMENT FOR A TWO -CAR GARAGE AT 44 SEAWALL.
WHEREAS, Mr. John Hazard has requested a Variance and
Coastal Permit to allow a partially completed 67.5 square
foot room addition to remain in the front yard setback, for
a total of 540 square feet of new habitable space in the
Coastal Setback Zone and for an exemption to the requirement
of a two -car garage at 44 Seawall Road 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 October 22, 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 lot size and dimensions are substandard
and do not meet the requirements of the RS -2 zoning district
and the lot was developed in a manner in that the residence
was built into the front and side setbacks and therefore no
unrestricted vehicular access exists to the rear or front
areas of the property for the placement of a garage or off-
street parking.
Section 2: That the Variance is necessary for the
preservation and enjoyment of a substantial property right of
the landowner, since the existing and proposed improvements
would enhance the use of the property, can be considered
minor in scope and would not grant a privilege to the
property owner as similar encroachments exist in the
immediate neighborhood and as the former garage area would be
maintained as non -habitable space.
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 or
grading, the applicant shall submit a soils report and comply
with all recommendations of the City's geotechnical staff,
the existing and proposed improvements to the property would
not adversely impact the privacy or views of the surrounding
properties, and the off-street parking would not be
detrimental to through traffic as the subject property is
within a gated and private community with controlled public
access.
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
improvements or the lack of a garage would not change the
present residential use of the property or increase water
usage and the improvements are considered minor additions in
substantial conformance with the limitations of the Coastal
Specific Zone.
Section 5: That the existing and proposed 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 additions would disturb.
Section 6: For the foregoing reasons and based on
information and findings included in the Staff Report, as
well as public testimony at the public hearing, the Planning
Commission of the City of Rancho Palos Verdes hereby approves
Variance No. 286 and Coastal Permit No. 98 subject to the
conditions of approval contained in Exhibit "A".
PASSED, APPROVED and ADOPTED this 22nd day of October,
1991.
Peter V Hagen
Chairman
jaz
Robert Bdbard, Directory
of
Environmental Services and
Secretary to the Commission
P.C. Resolution No. 91-60
Page 2
EXHIBIT "A"
VARIANCE NO. 286, COASTAL PERMIT NO. 98
44 Seawall Road
1. The following conditions of approval of previously
approved Moratorium Exemption No. 35 shall continue to
apply:
a. Limit the size of the additions to a maximum of 540
square feet, subject to Planning Commission and/or
staff action on necessary permits, which may
further limit the addition.
b. Submit a Geology Study subject for the approval of
the City Geologist and comply with any
recommendations prior to issuance of a building
permit, should Planning approval be granted.
C. Control and direct all roof and hardscape run-off
to a controlled location.
d. Submit an irrevocable offer for sewer and storm
drain easements prior to final building inspection
of any additions.
e. Submit an irrevocable offer to join a sewer
district when on is formed prior to final building
inspection of any additions.
f. Remove covered porch addition and restore lower
habitable space to the original square footage.
g. Submit a "Hold Harmless" agreement prior to
issuance of any building permit.
2. As an option to physically restoring the converted lower
habitable space back to non -habitable area, the property
owner shall submit and record a covenant, to run with
the land, which would require that the lower sub -floor
area be maintained as non -habitable area and would
prohibit further additions, habitable or non -habitable
on the property. Said covenant shall be recorded prior
to building permit issuance.
3. No additional habitable square footage beyond the
approved 540 square feet or additional water usage shall
be added to the residence.
P.C. Resolution No. 91-60
Page 3
4.
5.
11
A City Landscape Covenant
shall be submitted to be
Building Permits.
E
to maintain and protect views
recorded prior to issuance of
The landowner shall submit a notarized Liability Waiver
as the proposed improvements are located in the
Landslide Moratorium. I
6. 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.
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 statue 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. The property owner shall submit a landscape plan for the
purpose of providing adequate screening of the proposed
elevated deck from adjoining residences.
P.C. Resolution No. 91-60
Page 4