PC RES 1999-037P.C. RESOLUTION NO. 99-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 444,
COASTAL PERMIT NO. 155, GRADING PERMIT NO. 2091, AND
SITE PLAN REVIEW NO. 8430 TO: 1) REPAIR AND RESTORE
THE EXISTING FOUNDATION; 2) CONSTRUCT A 1,434 SQUARE
FOOT ADDITION (WHICH INCLUDES A 196 SQUARE FOOT
ROOF DECK); 3) REDUCE THE NON -CONFORMING OPEN
SPACE FROM 49.4% TO 36.3°/x; 4) REDUCE THE REAR AND
SIDE YARD SETBACKS; AND 5) CONSTRUCT A 6'0" HIGH
WALL AND 7'0" HIGH TRELLIS WITHIN THE FRONT YARD
AREA; AND 6) A ROOF DECK TO THE PROPERTY, LOCATED
AT 101 SPINDRIFT DRIVE.
WHEREAS, on December 9, 1998, the applicant, Mrs Sally Marone submitted
applications for Variance No 444, Coastal Permit No 155, Grading Permit No. 2091,
and Site Plan Review No. 8430 to. 1) repair and restore the existing foundation; 2)
construct a 1,434 square foot addition (which includes a 196 square foot roof deck), 3)
reduce the non -conforming open space from 49 4% to 36 3%, 4) reduce the rear and
side yard setbacks; 5) construct a 6'0" high wall and 7'0" high trellis within the front yard
area which exceeds the maximum height limit of 42"; and 6) construct a roof deck to the
property located at 101 Spindrift Drive, and
WHEREAS, pursuant to the provisions of the California Quality Act, Public
Resource Code Section 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 450, Height
Variation No 883, and Site Plan Review No 8563 would have a significant effect on the
environment and, therefore the proposed project has been found to be categorically
exempt (Class 1, Section 15301 (e)(1)), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, Planning Commission held a duly noticed public hearing on
October 12, 1999, at which 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: The project site has exceptional and extraordinary circumstances
since a majority of the lots within the Portuguese Bend Club has severely substandard
lot sizes and most of the homes in the area do not meet the City's minimum open
space, setback, and other development standards. As such, because of the lot size
limitation found throughout this tract, it is difficult to expand beyond the building
footprint, without encroaching into the required setback areas or exceeding the
maximum lot coverage Also, the applicant's lot is smaller than most in the area, being
only 2,631 square feet Therefore, aside from the strict limit of the Coastal Setback
threshold, the approval of additions to exceed the 250 square foot limit is warranted due
to the severely substandard lot size. Further, the structure will not exceed the permitted
building height or the maximum structure size, and the proposed additions will not be
detrimental to the public welfare since the additions will not create significant or
cumulative view impairment Therefore, the Variance is necessary for the property
owners to continue the enjoyment that is being enjoyed by other property owners in the
area that has a larger home on a smaller lot. Also, the additions would not be contrary
to the objectives of the General Plan or the Coastal Specific Plan.
Section 2: The subject lot currently does not meet the minimum open space
requirement of 60%, as required within a RS -2 zone. However, since a majority of the
residences within the Portuguese Bend Club do not respect either the current minimum
setbacks standards of the minimum open space requirements, the Variance would not
provide the landowners a special privilege currently enjoyed by other property owners
Therefore, since the project meets the intent of the General Plan housing policies, the
reduction for the open space can be granted since a minimal reduction in the open
space is not inconsistent with the General Plan due to the uniqueness of the lot
Section 3: The requested Variance is warranted to reduce the side and rear
yard setbacks since the lot has exceptional circumstances in that the tract was
developed with the intentions to have limited front, side, and rear yard setbacks.
Therefore, since the proposed addition will not project beyond the existing building
footprint, the reduction will not create any potential impacts since the existing setbacks
will remain.
Section 4: The requested Variance is warranted to allow the wall and trellis
exceed the maximum height limit of 42" within the front yard area since the structure is
situated relatively close to the street, and that the wall and trellis would not impose more
of an impact than the existing structure. Further, the structures would not be materially
detrimental to the public welfare since the structures will not encroach onto the paved
streets, or obstruct any on -coming traffic Therefore, since the proposed wall and trellis
are routinely consistent with improvements that are routinely permitted in residential
zones, the granting of the variance would not be contrary to the City's General Plan.
Section 5: The proposed roof deck is warranted since the roof deck will be
located at the rear of the property and will not be visible from the street frontage, and
there are other properties within the immediate area that currently have existing roof
P C Resolution No 99-37
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decks. Also, this roof deck can be granted since it is considered architectural feature
that breaks up the mass of a structure, thereby reducing the bulkiness of the structure
Since the General Plan does not identify goals and objectives that prohibit roof decks,
Staff believes that the granting of the variance will not be contrary to the City's General
Plan
Section 6: The proposed development is consistent with the Coastal Specific
Plan land use designation of residential since the project involves additions to an
existing single family residence which would not alter the existing primary residential
use or density of the property Also, the proposed additions will not aggravate the
existing geologic hazard even though the overall square footage will exceed the 250
square foot limitation since the foundation will be repaired and restored to its original
condition. Furthermore, as part of the Landslide Moratorium Exception process,
appropriate geological reports were reviewed by the City's Geotechnical Consultant to
ensure that the project would not aggravate the landslide. Also, the existing property is
an interior lot located along row of residences on Spindrift Drive, therefore the site does
not afford public access to the shoreline or to recreational areas due to the layout of the
tract development.
Section 7: The proposed structure will be constructed in accordance with the
residential development guidelines of the City's Municipal Code. Since the proposal
does comply with all other Code requirements, and the findings related to the Variance
are made, the proposed project complies with the intent of this finding. Furthermore,
the proposed addition will also be required to comply with all safety standards of the
Uniform Building Codes, and be reviewed, inspected and approved by the Building and
Safety Division. Also, the proposed addition is consistent with applicable public access
and recreation policies of the Coastal Act since there are no public access from the
subject site.
Section 8: The Site Plan Review for the proposed additions conforms to the
Development Code since the addition complies with the height requirements and can be
granted since the approval is contingent upon the approval of the Variance.
Section 9: Any interested person may appeal this decision or any portion of
this decision to the City Council. Pursuant to Section 17.02.040(C)(1)(j) of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing,
and with the appropriate appeal fee, no later than fifteen (15) days following the date of
the Planning Commission's final action
Section 10: For the foregoing reasons based on the information and findings
included in the Staff Report, Minutes and other record of proceeding, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Variance No 444,
P C. Resolution No. 99-37
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Coastal Permit No 155, Grading Permit No. 2091, and Site Plan Review No 8430 to 1)
repair and restore the existing foundation; 2) construct a 1,434 square foot addition
(which includes a 196 square foot roof deck); 3) reduce the non -conforming open space
from 49 4% to 36.3%, 4) reduce the rear and side yard setbacks; and 5) construct a 6'0"
high wall and 7'0" high trellis within the front yard area which exceeds the maximum
height limit of 42"; and 6) allow a roof deck at the property located at 101 Spindrift Drive,
subject to conditions contained in Exhibit "N', 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 12th day of October 1999, by the
following vote:
AYES: COMMISSIONERS ALBERIO AND SLAYDEN, VICE CHAIRMAN LYON,
AND CHAIRMAN CARTWRIGHT.
NOES: COMMISSIONER PARIS
ABSENTATION:
ABSENT: COMMISSIONERS CLARK AND VANNORS LL.
,on S. CarIVMght
Chairman
K
Ub�elR Jas, AICD
1 r cto
irecto of Planning, 011ding
d C e Enforcement, and
Secretary to the Planning Commission
P.C. Resolution No. 99-37
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