PC RES 1993-018P.C. RESOLUTION NO. 93-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 359 AND COASTAL PERMIT NO. 118 TO ALLOW
RECONSTRUCTION OF A 1,435 SQUARE FOOT
RESIDENCE AND 465 SQ. FT. GARAGE, AT 47
SEAWALL DRIVE, WHICH IS LOCATED WITHIN THE
LANDSLIDE MORATORIUM AND SEAWARD OF THE
COASTAL SETBACK LINE.
WHEREAS, the applicants, Dr. and Mrs. John Moeller, submitted
a Variance and a Coastal Permit to allow a maximum 2' encroachment
into the required 5' side yard setbacks, a 41- 6" (northwest
elevation) and a 12' (northeast elevation) encroachment into the
required 201 front setback, and a 20% reduction in open space for
a new residence and two -car garage located at 47 Seawall Drive; and
WHEREAS, after notice issued pursuant to the requirements of
the Development Code, a public hearing was held before the Planning
Commission of the City of Rancho Palos Verdes, 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 which apply to this property which do not apply
generally to other property in the same zoning district, since the
lot is of a substandard size (3,880 square feet in a minimum 20,000
square foot lot district) and little area exists on the lot for
expansion.
Section 2: That the Variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant, and that this right is possessed by other property
owners under like conditions in the same zoning district in that
other properties within the Portuguese Bend Club have been granted
variances for reductions in setbacks and open space, and
replacement of a residential structure due to foundation settlement
and cracking.
Section 3: That the granting of the Variance will not be
materially detrimental to the public welfare or injurious to the
property and improvements in the area in which the property is
located because the project requires no grading and there will be
no additional plumbing.
In addition, the proposed residence at a maximum height of 101 and
two car garage at a maximum of 81 in height and would not create
view impairment from the adjacent properties.
Section 4: That the granting of the Variance will not be
contrary to the objectives of the General Plan or the Coastal
Specific Plan because the replacement of the structure will not
increase the residential density or use in the area over the
previously existing conditions or approved additions. The property
is also located within Subregion 6 of the Coastal Specific Plan
District. Subregion 6 is an existing single-family residential
community with beach facilities. The fundamental criteria which
define this area as an individual subregion are its strong unified
character and active homeowners network, creating homogeneity whcih
establishes it as a distinct neighborhood. The granting of this
Variance will not change this homogeneity.
Section 5: That the proposed location of the new residence
and detached garage, which are located between the sea and the
first public road, are in conformance with the 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
would be impacted by the new residence and detached garage.
Section 6:, For the foregoing reasons and based on the
information and findings included in the Staff Report and records
of proceedings, the Planning Commission of the City of Rancho Palos
Verdes hereby approves Variance No. 359 and Coastal Permit No. 118,
thereby approving the project subject to the Conditions of Approval
listed in the attached Exhibit "A," which are necessary to preserve
the public health, safety, and general welfare in the area.
PASSED, APPROVED, AND ADOPTED "is 27th day of July 1993.
Chairman
ff 409 ff I * s#_
Bret /B - B/rnard, AICP
Dir for of EWvironmental Services
and Secretary to the commission
erman
P.C. Resolution Nov -93-18
Page 2
Exhibit "A"
Conditions of Approval
Variance No. 359 and Coastal Permit No. 118
47 Seawall Drive
1. The maximum allowable encroachment for the footprint of the
residence and any other structures (including the fireplace,
spa, and barbecue) shall not exceed 21- 0" into each required
51- 0" side yard setbacks. The residence shall respect all
other minimum setback requirements on the lot.
2. The maximum ridgeline height of the residence including any
skylights shall not exceed 109.1' CRITICAL RIDGELINE as
measured from 100' (top of slab). CERTIFICATION IS REQUIRED
and elevations shall be verified on final plans.
3. Maximum square footage of the new residence shall not exceed
1,435 square feet (1,044 sq. ft. original footprint and 391
sq. ft. addition).
4. The maximum square footage of the two -car garage shall not
exceed 465 square feet, and the maximum ridgeline of the
garage shall not exceed 115' CRITICAL RIDGELINE as measured
from 100' (top of slab). CERTIFICATION IS REQUIRED and
elevations shall be verified on plans.
5. The maximum encroachment into the required 20' front setback
for the garage shall be 41- 6" into the northwest portion of
the front property line and 12' into the northeast portion of
front property line, and the garage doors shall be
articulated.
6. No grading other than that for the replacement of the
structure has been approved with this permit. Grading in
excess of 20 cubic yds. or 3' cut\fill shall require a Grading
Permit.
7. No portion of the at -grade rear yard deck shall be covered or
enclosed.
8. No more than 9 plumbing fixtures on the site shall be allowed.
The spa shall not be considered a plumbing fixture.
P.C. Resolution No. 93-18
Page 3
9. Complete soils and geology reports will be required for the
Department of Building and Safety and must meet their
standards.
10. The maximum eave projections shall be constructed as shown on
the approved plans.
11. The minimum open space for the lot shall be maintained at 40%.
12. The construction of the residence and the garage shall be in
substantial compliance with the plans submitted to and
reviewed by the Environmental Services Department and approved
by the Planning Commission on July 27, 1993.
13. The new foundation for the residence shall not exceed 1001 and
Certification shall be required.
14. A sump pump shall be included as part of the holding tank
system.
15. All Conditions of Moratorium Exception No. 4 shall remain in
effect.
P.C. Resolution No. 93-18
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