PC RES 1995-013P.C. RESOLUTION NO. 95-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 391, THEREBY APPROVING A 400 SQUARE
FOOT ADDITION TO THE EXISTING RESIDENCE AT 102
SPINDRIFT DRIVE
WHEREAS, on March 23, 1995, the applicant, Mr Russ Barto, representing the property
owners Mr and Mrs. Jerry Mulliner, submitted Variance No 391, an application to allow a 400
square foot addition to the existing residence which would encroach into the required front, sides,
and rear yard setback areas and would further reduce the amount of required minimum open space
on the lot; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 2100 et. seq ("CEQA"), the State's CEQA Guidelines, California Code of
Regulation, Title 14, Section 15000 et. seq , the City's Local CEQA Guidelines, and Government
Code Section 65952.5(e) (Hazardous Waste and Substances Statement), Staff found no evidence that
Variance No 391 would have a sigruficant effect on the environment. Accordingly, the proposed
project has been found to be categorically exempt (Class I and III), and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on April 25, 1995,
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 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. At 2,840 square feet in size, the subject lot is 17,160 square feet (or 86%)
smaller than the minimum lot size standard for an RS -2 zoned lot. Thus, because of the lot size
limitation found throughout the area (Portuguese Bend Club), it is difficult to make any expansions
to the residences without encroaching into required setback areas or exceeding lot coverage
minimums 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, currently do not 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 and the subject residence already encroaches into the
required front, sides, and rear yard setbacks
Section 2: That such a 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 (Beach) Club
do not respect their current minimum setback and open space requirements, and many homes have
zero setbacks along various property lines. Although the 400 square foot addition exceeds the 250
square foot 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.
Therefore, the granting of the request would not be uncommon (for the area) nor would it be
precedent setting.
Section 3: That the granting of the Variance will not be materially detrimental to the public
welfare or injunous to property and improvements in the area in which the property is located, since
the proposed additional habitable area will not cause any view impairment or loss of privacy The
encroachments into the front, sides and rear yard setback areas are consistent with other homes within
the Portuguese Bend (Beach) Club community
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: The time within which the Judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094 6 of the California Code of Civil
Procedure.
Section 6: For the foregoing reasons and based on the information and findings included in the
Staff Report, and all other records of the proceedings, the Planning Commission hereby grants
Variance No 391, thereby approving the 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.
P C Resolution No 95-13
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PASSED, APPROVED, AND ADOPTED this 25th day of April 1995, by the following vote
AYES• Commissioner Alberio, Ferraro, Vannorsdall, Wang, Vice Chair Hayes,
Chairman Mowlds
NOES. None
Commission
PC Resolution No 95-13
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EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR VARIANCE NO 391
(102 Spindrift Drive)
1) The maximum encroachment into the front yard setback shall not exceed 14'-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) A minimum of 33% of open space shall be maintained on the property
3) 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' (CERTIFICATION
REQUIRED)
4) The maximum eave projections into the required setbacks shall not exceed 4" for
each P-0" of required setback.
5) The additions shall be constructed in substantial conformance to the approved set of
plans stamped as received on March 23, 1995
6) 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.
7) In the event that a Planning requirement and Building & Safety requirement are in
conflict with one another, the stricter standard shall apply
8) 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.
9) All applicable conditions from Landslide Moratorium Exception Permit No 9
remain in affect and must be adhered to
PC Resolution No 95-13
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