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PC RES 1993-041P.C. RESOLUTION NO. 93-41• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 364 AND COASTAL PERMIT NO. 120 TO ALLOW 465 SQUARE FOOT ADDITION, AND 10' REDUCTION IN THE REAR YARD SETBACK, AT 133 SEA URCHIN LANE, WHICH IS LOCATED WITHIN THE LANDSLIDE MORATORIUM AREA AND SEAWARD OF THE COASTAL SETBACK LINE. WHEREAS, the applicants, Mr. and Mrs. Dennis Jaconi, submitted a Variance and a Coastal Permit to allow a 10' reduction in the rear yard setback for a 465 sq. ft. addition which exceeds the 250 sq. ft. maximum specified by the Development Code at the property located at 133 Sea Urchin Lane; and, WHEREAS, after notice issued pursuant to the requirements of the Development Code, a public hearing was held on November 9, 1993, 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 pursuant to the provisions of the California Environmental Quality Act, (CEQA) and the City's local CEQA guidelines, the proposed project has been found to be categorically exempt (Class III). Section 2: 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 (6,315 square feet in a zoning district whcih requires a minimum 20,000 square foot lot size) and little area exists on the lot for expansion. Section 3: 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 additions in excess of 250 square feet in size. Section 4: 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. L-A In addition, the proposed residence, at a maximum height of 16' on the upslope side and 23' on the downslope side, would not create view impairment from the adjacent properties. Section 5: That the granting of the Variance and Coastal Permit will not be contrary to the objectives of the General Plan or the Coastal Specific Plan because the proposed addition would not increase the residential density or use in the area over the previously existing conditions. 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 which establishes it as a distinct neighborhood. The granting of this Variance and Coastal Permit will not change this homogeneity. Section 6: That the proposed location of the addition which is located between the sea and the first public road, is 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 465 sq. ft. addition to the existing residence. Section 7: 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. 364 and Coastal Permit No. 120, 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 this 9th day of November 1993. Robert Katherman, j� Chairman BretByrnard, AICP Direc or of Pla ing, Building, and Code Enforcement and Secretary to the Commission P C Resolution No. 93-41 Page 2 Exhibit "A" f Conditions of Approval Variance No. 364 and Coastal Permit No. 120 133 Sea Urchin Drive 1. The maximum allowable encroachment for the footprint of the residence and any other structures shall not exceed a 61- 0" and the walkway shall not exceed 10' encroachment into the required 15'-0" setback. The residence and walkway shall respect all other minimum setback requirements on the lot. 2. The maximum ridgeline height of the residence shall not exceed 16'-0" from the highest point of existing grade and 24'-0" from the finished grade adjacent to the lowest foundation. 3. Maximum square footage of the addition shall not exceed 465 square feet. 4. Grading in excess of 20 cubic yds. or 3' cut\fill (excluding foundations) shall require a Grading Permit. 5. No additional plumbing fixtures on the site shall be allowed. The spa shall not be considered a plumbing fixture. 6. Complete soils and geology reports shall be required for the Department of Building and Safety and shall meet their standards. 7. The maximum eave projections shall be constructed as shown on the plans submitted to and by the Staff and the Planning Commission on November 9, 1993. 8. The minimum open space for the lot shall be maintained at 60%. 9. The construction of the addition shall be in substantial compliance with the plans submitted to and reviewed by Planning, Building, and Code Enforcement Department and approved by the Planning Commission on November 9, 1993. 10. The property shall submit a notarized covenant to protect views to the Department of Planning, Building and Code Enforcement prior to submittal for plan check to Building and Safety. 11. All Conditions of Moratorium Exception No. 6 shall remain in effect.