PC RES 1994-021F.C. RESOLUTION NO. 94-21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 372 TO ALLOW 774 SQ. FT. OF NEW
HABITABLE AREA, 405 SQ. FT. OF NEW GARAGE AREA,
AND TWO NEW (ADDITIONAL) WATER FIXTURES. THE
ADDITIONS WILL ENCROACH INTO THE FRONT YARD
SETBACK A MAXIMUM OF FIFTEEN FEET (15'-0"); NINE
INCHES (9") INTO THE WEST SIDE YARD SETBACK; FIVE
FEET (5'-0") INTO THE EAST SIDE YARD SETBACK, AND
NINE FEET (9'-0") INTO THE REAR YARD SETBACK AREA
AT 102 SPINDRIFT DRIVE.
WHEREAS, the applicant, Mr Russell Barto, representing the property owners, Mr and Mrs
Jerry Mulliner, has requested Coastal Permit No 122 for the proposed 774 sq ft of new habitable
area, 405 sq ft of new garage area, and two new (additional) water fixtures. The additions will
encroach into the front yard setback a maximum of fifteen feet (15'-0"), rune inches (9") into the west
side yard setback; five feet (5'-0") into the east side yard setback, and nine feet (9'-0") into the rear
yard setback areas, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, (CEQA)
and local CEQA guidelines, the proposed project has been found to be categorically exempt (Class
I & IV), and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Development Code, a duly noticed public hearing was held on May 24, 1994, 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 l: That there are exceptional or extraordinary circumstances or conditions applicable
to the property involved, or to the intended use of the property, which do not apply generally to other
property in the same zoning district in that, the subject lot is considerably smaller in area than other
similarly zoned lots throughout the City The minimum area for a newly created RS -2 zoned lot is
20,000 square feet. The subject lot is therefore 17,160 square feet smaller than the minimum lot size
standard for an RS -2 zoned lot (approx 1/10 the size of a new RS -2 lot) Thus, because of the lot
size limitation found throughout the area (Portuguese Bend Club), there are not many alternative
layouts for the residences Additionally, even though most of the homes are very modest in size,
because of the severely substandard lot sizes, many, if not most of the homes in the area, are not able
to meet the City's minimum open space standards This is true of the subject residence, which already
does not satisfy the minimum 60% open space requirement Similarly, most, if not all of the homes
throughout the area do not satisfy the City's minimum setback requirements The subject residence
already encroaches into the front, side(s), and rear yard setbacks
Section 2: That such Variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant, since the majority of the homes in the Portuguese Bend Club do not
respect their current minimum setback and open space requirements, and many homes have zero
setbacks along various property lines Although the 1,179 sq ft addition exceeds the 250 sq ft
Code limitation for properties located seaward of the Coastal Setback Line, additions of along the
same scale have been recently approved by the City Council and Planning Commission
Section 3: That the granting of the Variance will not be materially detrimental to the public
welfare or mjurious to property and improvements in the area in which the property is located, since
the proposed additional habitable area and the garage/storage expansion will not cause any view
impairment or loss of privacy The encroachment into the front, sides and rear yard setback areas is
consistent with other homes within the Portuguese Bend Club community. The installation of the
required holding tank will result in a net improvement in the groundwater condition of the entire
Portuguese Bend Club area
Section 4: That the granting of such a Variance will not be contrary to the policies and objectives
of the General Plan since the General Plan encourages development within the City that maintains and
enhances the visual qualities of existing neighborhoods without creating adverse impacts to the
surrounding area
Section 5: 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 372 for additions to the residence located at 102 Spindrift Drive 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 24th day of May 1994
'Gilbert Alberto
Bret B/ Be7tard, Alq
Direcfor of Planning'Building & Code
Enforcement, and Secretary to the Planning Commission
PC Resolution No 94-' 21
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EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR VARIANCE NO 372
(102 SPINDRIFT DRIVE)
1) The maximum encroachment into the front yard setback shall not exceed 15'-0" The
maximum encroachment into the west side yard setback shall not exceed 9" The
maximum encroachment into the east side yard setback shall not exceed 5'-0" The
maximum encroachment into the rear yard setback area shall not exceed 9'-0".
2) The maximum height of the structure shall not exceed a height of 16-0", or a ridge
elevation of 129 0', as measured from pad elevation 113 0'
3) The maximum eave projections into the required setbacks shall not exceed 4" for each 1'-
0" of required setback.
4) The additions shall be constructed in substantial conformance to the approved set of
plans stamped as received on March 4, 1994
5) A completed and notarized Covenant to Protect Views shall be submitted to the Planning
Department prior to the submittal of the approved plans into the City's Plan Check
process.
6) In the event that a Planning requirement and Building & Safety requirement are in
conflict with one another, the stricter standard shall apply
7) The construction site shall be kept free of all loose materials resembling trash and debris
in excess of that material used for immediate construction purposes Such excess
material may include, but is not limited to- the accumulation of debris, garbage, lumber,
scrap metal, concrete, asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
8) All conditions of approval contained in Exhibit "A" from Moratorium Exception Permit
No. 9 still apply to the project (which includes but is not limited to the requirement for a
holding tank).
PC Resolution No 94-21
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