PC RES 1998-005r
P.C. RESOLUTION NO. 98-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 430, MINOR EXCEPTION PERMIT NO. 524
AND LOT LINE ADJUSTMENT NO. 59, THEREBY
APPROVING REDUCTIONS IN THE SIDEYARD SETBACKS
FOR AN EXISTING SINGLE-FAMILY RESIDENCE AND
GARAGE AT 31 HEADLAND DRIVE WHICH CURRENTLY
ENCROACH UPON THE ADJACENT PROPERTY AT 35
HEADLAND DRIVE, AND ADJUSTMENT OF THE SIDE
PROPERTY LINES OF 31 HEADLAND DRIVE TO ADDRESS
ENCROACHMENT ISSUES
WHEREAS, the single-family residence at 31 Headland Drive, originally constructed
in 1951, has been remodeled and expanded by previous owners so that portions of the
house and garage currently extend across the northerly side property line and encroach
upon the adjacent property at 35 Headland Drive, and the pool and retaining wall encroach
upon the adjacent property at 25 Headland Drive, and,
WHEREAS, on November 24 and December 19, 1997, the applicants, Ronald and
Teresa Scanlon, submitted an application for Variance No 430, Minor Exception Permit
No 524 and Lot Line Adjustment No 59 in order to correct and eliminate the
encroachment of their house, garage and pool at 31 Headland Drive upon the adjacent
properties, and,
WHEREAS, on December 22, 1997, the applications for Variance No 430, Minor
Exception Permit No 524 and Lot Line Adjustment No 59 were deemed complete by Staff;
and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 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 65962 5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Variance No 430, Minor Exception Permit
No 524 and Lot Line Adjustment No 59 would have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt (Class 5,
Section 15305(a)), and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on January 27, 1998, 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: 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 because of the compounding
of various setback errors over the years which result in the current encroachments of the
house and garage onto the adjacent property
Section 2: Such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant, which right is possessed by other property
owners under like conditions in the same zoning district because the nonconforming
condition created by the encroachments upon the adjacent property penalizes the property
and deprives the owners of the right to make additional, conforming modifications to the
property
Section 3: Granting 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 because approval of the variance will be conditioned to require the applicants to
make all necessary modifications to the structure in order to comply with the City's building
codes
Section 4: Granting the variance will not be contrary to the objectives of the
general plan or the policies and requirements of the coastal specific plan because resolving
a longstanding nonconforming condition is consistent with General Plan Safety Policy No
2 to "[a]dopt and enforce building codes, ordinances and regulations which contain design
and construction standards based upon specified levels of risk and hazard," and the
subject property is not located within the Coastal Specific Plan area
Section 5: The requested minor exception is warranted by an unnecessary
hardship because denial of this application would place hardships upon the applicants,
who are reducing the nonconforming condition created by previous owners of the property
to a level which has no significant adverse impact upon the adjacent properties
Section 6: The requested lot line adjustment is consistent with the minimum lot
size, width and depth standards of the RS -2 district of the Rancho Palos Verdes
Development Code
Section 7: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Sections 17 64 060 and
17 66 060 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with
P C Resolution No 98-05
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the City, in writing, and with the appropriate appeal fee, no later than fifteen {15} days
following January 27, 1998, the date of the Planning Commission's final action
Section 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Variance No 430, Minor
Exception Permit No. 524 and Lot Line Adjustment No 59, thereby approving a 3 -foot, 6 -
inch reduction in the required 5 -foot sideyard setback for an existing single-family
residence, a 1 -foot reduction in the required 5 -foot sideyard setback for an existing garage
at 31 Headland Drive which currently encroach upon the adjacent property at 35 Headland
Drive, subject to the conditions contained in Exhibit 'A', attached hereto and made a part
hereof, which are necessary to protect the public health, safety and welfare in the area.
PASSED, APPROVED, AND ADOPTED this 27th day of January 1998, by the following
vote
AYES: CARTWRIGHT, LYON, SLAYDEN, CLARK
NOES ALBERIO
ABSTENTIONS:
ABSENT VANNORSDALL
C _ Cf-. I
Lawrence E Clark
Chairman
J el Raj , AicP
A ting D' ector of Pla ng, Building and i
Co nforcement, and, Secretary
to the Planning Commission
P C Resolution No 98-)05
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EXHIBIT W
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 430, MINOR EXCEPTION PERMIT
NO. 524 AND LOT LINE ADJUSTMENT NO. 59
(31 Headland Drive)
A. General Conditions:
Prior to the submittal of plans into Building and Safety plan check, the
applicant and the property owner shall submit to the City a statement, in
writing, that they have read, understand, and agree to all conditions of
approval contained in this Resolution Failure to provide said written
statement shall render this approval null and void
2 This approval is for the reduction of the northerly side -yard setback
requirement for the existing house and garage at 31 Headland Drive, in
conjunction with the relocation of the northerly side property line such that
the house and garage no longer encroach upon the adjacent property at 35
Headland Drive. Any change shall require approval of an amendment to
Variance No 430, Minor Exception Permit No 524 and/or Lot Line
Adjustment No. 59 by the Planning Commission and shall require a new and
separate environmental review
3 All project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the
RS -2 district development standards of the City's Municipal Code.
4 Failure to comply with and adhere to all of these conditions of approval may
be cause to revoke the approval of the project by the Planning Commission
after conducting a public hearing on the matter
5 If the modifications to the house and garage at 31 Headland Drive have not
been commenced (i e, building permits obtained) within one hundred eighty
(180) days of the effective date of this Resolution, or if construction has not
been completed within one hundred eighty (180) days of the issuance of
building permits, approval of the project shall expire and be of no further
effect unless, prior to expiration, a written request for extension is filed with
the Department of Planning, Building and Code Enforcement and approved
by the Planning Commission. Otherwise, a revision of this approval must be
approved prior to further development
PC Resolution No 98-05
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6 In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the
stricter standard shall apply
7 Unless otherwise designated in these conditions, all existing structures and
the existing and relocated property lines shall be in substantial conformance
with the site plan and survey submitted to the City on December 19, 1997,
entitled "Lot Line Adjustment for Ron Scanlon, 31 Headland Drive, Rancho
Palos Verdes, California," prepared by Wynn Engineering, Inc
B. Prior to recordation of Lot Line Adjustment No. 59:
8. The applicant shall submit plans to the Building and Safety Division for the
modification of the house and garage to comply with City building codes
related to structures located less than five feet (60") from a property line
Said modifications may include, but not be limited to
a Modification and/or removal of roof eaves along the north walls of the
house and/or garage;
b Modification, relocation or removal of doors, windows or other wall
openings on the north side of the house,
c Construction of parapet walls on the house or garage to comply with
fire code requirements; or
d. Any other modifications required by the Building Official in order to
comply with City building codes
Building permits and applicable Planning approvals for all work described
above shall be obtained and finaled prior to recordation of Lot Line
Adjustment No 59 The applicant shall provide proof of authorization from
the adjacent property owners for the issuance of building permits to modify
those portions of the structures which encroach upon the adjacent
properties.
9 All other outstanding and expired building permits for the property shall be
finaled
10. The hours of construction shall be limited to 7:00 AM to 7:00 PM, Monday
through Saturday No construction shall be permitted on Sundays or on legal
holidays.
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11. The property owners shall record the necessary deed transfer documents
within one hundred eighty (180) days of the date of the final decision, and
copies shall be provided to the City of Rancho Palos Verdes, Department of
Planning, Building and Code Enforcement Failure to record the transfer
documents within the stipulated time period shall render the lot line
adjustment approval null and void
N 1GROMPLANNINGN"RVAR430 RES
P C. Resolution No 98-05
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