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PC RES 1991-0654 P.C. RESOLUTION NO. 91-65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 310, COASTAL PERMIT NO. 107 TO ALLOW A 248 SQUARE FOOT PATIO ENCLOSURE UNDER AN EXISTING DECK IN THE FRONT SETBACK, LOCATED IN THE COASTAL ZONE AT 132 SEA URCHIN. WHEREAS, Mr. and Mrs. Dime have requested a variance and coastal permit for the enclosure of a 248 square foot patio under an existing deck, which encroaches 15 feet into the front yard setback and is located within the Coastal Zone at 132 Sea Urchin; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, public hearing was held on November 26, 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 property was developed under the County in a manner which does not conform to the Rancho Palos development standards; the setbacks are non -conforming. Section 2: That the variance is necessary for the preservation and enjoyment of a substantial property right of the landowner, since the existing covered patio enhances the use of the property and the proposed patio enclosure is within the "minor" scope permitted by the Coastal Zone. Section 3: That granting 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 the recommendations of the City's geotechnical staff and the existing 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 an Open Space Hazard Zone and there is no additional water usage proposed. Section 5: That the existing residence 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 addition disturbs. Section 6: That the existing patio encroaches 15 feet into the front yard setback and the proposed enclosure will not increase the building footprint. Section 7: For the foregoing reasons and based on the information and findings in the Staff Report and Public Hearing, the Planning Commission of the City of Rancho Palos Verdes hereby approves Variance No. 310 and Coastal Permit 107, subject to the attached conditions in Exhibit "A". PASSED, APPROVED, AND ADOPTED THIS 26th day of November 1991. 1,,7Z ,Rol-%6rt Beriard, Director 0 EnTironmental servicesnd Secretary to the Commi sion Peter Von Hagen Chairman P.C. Resolution No. 91 - Page 2 EXHIBIT "All Variance No. 310; Coastal Permit No.107 132 Sea Urchin Lane 1. No plumbing facilities shall be allowed. 2. All other conditions of Moratorium No. 44 shall remain in effect. 3. All landscaping irrigation systems shall be part of a water management system to be approved by the Director of Public Works. 4. The Moratorium Exemption and subsequent approvals are subject to review by the Department of Building and Safety. P.C. Resolution No. 91 - Page 3 Exhibit "A" Moratorium Exemption No. 44 132 Sea Wall 1. All permit fees including any required Penalty fees for grading and construction without Planning approval and permits shall be paid for prior to issuance of building permits. 2. 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. Any new level lawn area 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. 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 geotechnical staff and the applicant shall comply with all recommendations of the City's Geotechnical staff. 4. Submit an irrecoverable offer for the 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; Submit a "Hold Harmless" agreement; Submit a City -Landscape Covenant to maintain property and protect views prior to issuance of building permits. 5.1 No additional lot coverage shall be approved in the future. Limit the size of the addition to 250 square feet 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 the issuance of building permits. 6. 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. 7. The Moratorium Exemption shall be void after 180 days unless an application for planning approval is submitted to the Department of Envrironmental Services.