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PC RES 1995-040r P.C. RESOLUTION NO. 95-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 402, THEREBY APPROVING THE REQUEST FOR A NEW 2,516 SQUARE FOOT HOME WHICH WILL ENCROACH INTO THE SOUTH SIDE, FRONT AND REAR SETBACK AREAS, EXCEED THE CODE'S 250 SQUARE FOOT LIMITATION FOR ADDITIONS TO PROPERTIES SEAWARD OF THE COASTAL SETBACK LINE, AND EXCEED THE MINIMUM REQUIRED OPEN SPACE FOR THE VACANT LOT AT 102 SPINDRIFT DRIVE WHEREAS, on October 4, 1995, the applicants, Mr and Mrs Jerry Mulliner submitted Variance No 402, an application to allow a new 2,516 square foot home on a vacant lot which would encroach a maximum of 13'-0" into the required 20'-0" front yard setback area, 5'-0" into the required 5'-0" south side yard setback area, and, a maximum of 6-0" into the required 15'-0" rear yard setback area The home would exceed the Code's 250 square foot maximum allowance for additions to homes partially or totally seaward of the Coastal Setback Line and would also result in a structure with 38% remaining open space, 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 402 would have a significant 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 October 24, 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 would also be true of the subject residence, which, before it was demolished, dad not satisfy the minimum 60% open space requirement and encroached into the required front, sides, and rear yard setback areas. Thus, the severely substantial size of the subject lot qualifies as an exceptional condition relative to the subject property 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 either current minimum setback standards or open space requirements In fact, a survey of the address files indicates that many homes in the Portuguese Bend Club have zero setbacks along various property lines and do not respect the minimum required open space standard for the subject zoning district Therefore, the requested Variance would not provide the landowners with a special privilege that is not available to other property owners in the area With regard to the construction of a new home, due to the unusual circumstances involved with this project, i e , the apparent unintentional demolition of the previously existing home, by granting approval of the requested Variance application, the Planning Commission finds that the project would not be deemed precedent setting. Although the project would exceed 250 square feet in area, which is the limitation for additions within the City's Coastal Zone, the proposed overall area of the new home would not be out of character with other homes throughout the Portuguese Bend Beach Club This is so, especially because the majority of the area that would be added to the home (beyond the house's original overall area) is being done so within the footprint of the previously existing house Section 3: That the granting of the Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located, since the proposed additional building area will not cause any view impairment or loss of privacy The encroachments into the front, side and rear yard setback areas are consistent with other homes within the Portuguese Bend (Beach) Club community and will not appear out of character with the existing neighborhood Section 4: That the granting of such a Variance will not necessarily 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 P C Resolution No 95-40 Page 2 of 5 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. 402, thereby approving the construction of a new home 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 October 1995, by the following vote. AYES Commissioners Alberio, Ferraro, Vannorsdall, and Whiteneck, and.Acting-Chair-Hayes NOES None ABSTENTIONS None ABSENT: Commissioner Wang I Y-/, 1 Bret BPernfird, AICf Direct r of Planning/ Building, and Code Enforcement, and, Secretary to the Planning Commission / S a "dersen Hayes (A ing) Chairperson P C Resolution No 95-'40 Page 3of5 CONDITIONS OF APPROVAL FOR VARIANCE NO. 402 (102 Spindrift Drive) 1) The maximum encroachment into the 20'-0" front yard setback area shall not exceed 13'-0". The maximum encroachment into the 5'-0" south side yard setback area shall not exceed 5'-0". The maximum encroachment into the 15'-0" rear yard setback area shall not exceed 6-0" CERTIFICATION of all setbacks shall be required at the time of foundation form inspection 2) A minimum of 38% of open space shall be maintained on the property 3) The maximum height of the structure shall not exceed a height of 10'-6", or a ridge elevation of 119 8, as measured from pad elevation 109.3' (RIDGE HEIGHT CERTIFICATION REQUIRED) 4) The maximum eave projections into the required setbacks shall not exceed 4" for each 1'-0" of required setback 5) The house shall be constructed in substantial conformance to the approved set of plans dated October 4, 1995 and stamped as received by the Planning, Building, and Code Enforcement Department on October 4, 1995. (CERTIFICATION of the foundation layout shall be required at the time of foundation form inspection ) 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, except for Condition No 3 shall remain in effect and must be adhered to P.C. Resolution No 95-40 Page 4 of 5 11) No new additional plumbing fixtures beyond what existed in the original residence shall be permitted with this project 12) The new two -car garage shall be maintained such that two vehicles can be stored within A minimum area measuring 18 feet (width) x 20 feet (depth) shall be maintained for such purposes m/var402re P C Resolution No 95-40 Page 5 of 5