PC RES 2000-029t . l
P.C. RESOLUTION NO. 2000-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING VARIANCE NO. 476, COASTAL
PERMIT NO. 168, AND SITE PLAN REVIEW NO. 8944 FOR THE
CONVERSION OF A 112 SQUARE FOOT STORAGE AREA AND
ENCLOSURE OF AN EXISTING 88 SQUARE FOOT PATIO AT THE
FRONT OF THE STRUCTURE WITH A 3 -FOOT SETBACK FROM THE
FRONT PROPERTY LINE; AND A 49 SQUARE FOOT LIVING ROOM
EXPANSION AT THE REAR OF THE STRUCTURE, FOR A TOTAL OF 249
SQUARE FEET OF ADDITIONAL HABITABLE SPACE. THE PROJECT
IS APPROVED FOR AN EXISTING RESIDENTIAL STRUCTURE
LOCATED AT 122 SPINDRIFT LANE, WHICH IS LOCATED WITHIN THE
APPEALABLE AREA OF THE CITY'S COASTAL ZONE.
WHEREAS, on July 10, 2000, the Director of Planning, Building and Code
Enforcement approved Landslide Moratorium Exception Permit No. 32 (LME No 32) for
a room addition and conversion totaling 249 square feet of additional habitable area, and
three new plumbing fixtures. The approval thereby allowed the applicant to submit the
required variance, site plan review and coastal permit applications for consideration, review
and analysis of the proposed addition and conversion, and,
WHEREAS, on July 13, 2000, the applicant, Craig Lucio, representing property
owners Irwin and Betty Helford, submitted applications for Variance No. 476, Coastal
Permit No. 168 and Site Plan Review No. 8944, requesting approval for a 112 square foot
conversion and 88 square foot patio enclosure at the front of the structure with a 3 -foot
front yard setback, and a 49 square foot living room expansion at the rear of the structure
for property located within the Appealable portion of the City's Coastal Zone at 122 Spindrift
Lane, and,
WHEREAS, on August 1, 2000, the applications 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. 476, Coastal Permit No 168, and
Site Plan Review No 8944 would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt under Class 1
(Existing Structures) since the project involves an addition to an existing residential
structure, 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
0 0
on September 12, 2000, at which time all interested parties were given an opportunity to
be heard and present evidence;
LVJ .1 -E E• - Big i -4 My I ILI I M -Al 0 IDA• Ilkyj MINIA• •
Section 1: The project site is subject to exceptional or extraordinary
circumstances or conditions which do not apply generally to other properties in the RS -2
zoning district, and the project site is different from other properties in the neighborhood in
a material way. Since the property is a non -conforming lot that is smaller than that required
by the RS -2 zoning district, and the lot and structure configurations limit the feasible
addition locations to areas within the building footprint, and which therefore do not affect
the existing lot coverage.
Section 2: The variance is necessary for the preservation and enjoyment of a
substantial property right which is possessed by other property owners under like
conditions in the same zoning district since most other residences in the same zoning
districts contain larger lots and more regular lot configurations that can accommodate
additions to the residential structures without encroaching into the required setback areas.
Section 3: The granting of the variance will not be detrimental to the public
welfare or injurious to property and improvements in the area in which the property is
located The structure currently maintains a maximum front setback of 11'6" and a
minimum setback of 3 -feet Further, the location of the conversion and enclosure is the
most feasible location since the areas are under the building footprint and do not effect lot
coverage, and the enclosure will not further reduce the existing setback. Lastly, other
parcels in the Portuguese Bend Club have been granted variances for similar requests for
reductions in the setback requirements
Section 4: The variance is not contrary to the objectives of the General Plan or
the policies and requirements of the Coastal Specific Plan in that the conversion and
enclosure will not be detrimental to the public welfare, or injurious to property and
improvements in the area since the additional floor area will be accommodated under the
existing building footprint and will not further reduce any of the existing setbacks
Section 5: The proposal is consistent with the City's Coastal Specific Plan since
the addition will not alter the existing primary use or density of the property, and will be
consistent with the residential uses in the area.
Section 6: The subject property is located at the end of the Spindrift Lane private
cul-de-sac street, and does not afford public access to the shoreline or to recreational
areas due to the layout of the tract development. Further, the parcel slopes down to a
common space parcel owned by the homeowner's association, thus, there is an intervening
lot between the subject parcel and the shoreline.
P C. Resolution No. 2000-29
Page 2 of 3
Section 7: The 49 square foot addition at the rear of the structure will comply the
Development Code requirements, including setback, lot coverage and height requirements.
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. 476,
Coastal Permit No. 168, and Site Plan Review No. 8944 for a 200 square foot conversion
and enclosure at the front of the structure, thereby maintaining a 3 -foot front yard setback,
and a 49 square foot addition at the rear of the structure, subject to the conditions
contained in Exhibit "A" attached hereto
Section 9: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 17 80 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 September 12,
2000, the date of the Planning Commission's final action.
PASSED, APPROVED, AND ADOPTED this 12th day of September 2000, by the following
vote:
AYES Cartwright, Clark, Long, Lyon, Paulson
NOES' Mueller
ABSTENTIONS None
ABSENT -vannorsdall
4bei i<pjas, AICP
Pirec,Wr of Planning, ilding and
Codd Enforcement; and, Secretary
to the Planning Commission
Frank Lyon
Planning Commission Chairman
P.C. Resolution No. 2000- 29
Page 3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 476,
COASTAL PERMIT NO. 168,
SITE PLAN REVIEW NO. 8944
General Conditions.
Prior to the submittal of plans into Building and Safety plan check, the applicant
and/or 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 approval.
Failure to provide said written statement within ninety (90) days following the date
of this approval shall render this approval null and void.
2 The approval shall become null and void after one (1) year from the date of approval
unless the approved plans are submitted to the Building and Safety Division in
initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's
Development Code This approval shall become null and void if, after initiating the
plan check process or receiving a building permit to begin construction, said plan
check or permit is allowed to expire or is withdrawn by the applicant.
3 The abandonment or non-use of this approval after a period of one (1) year shall
terminate the approval and any privileges hereunder shall become null and void
4. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans or any of the conditions if such
modifications shall achieve substantially the same results as would strict compliance
with said plans and conditions
5. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
6 The hours of construction shall be limited to 7:00 a m to 7 00 p m , Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays.
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.
PC Resolution No. 2000-29
Exhibit "A" -Conditions of Approval
Page 1
8 Approval of Variance No. 476, Coastal Permit No 168, and Site Plan Review No
8944 allow for the conversion of a 112 square foot storage area and enclosure of
an existing 88 square foot patio at the front of the structure, maintaining a 3 -foot
setback from the front property line further, it allows for a 49 square foot living room
expansion at the rear of the structure, for a total of 249 square feet of additional
habitable space. The overall habitable structure size will measure 1,110 square
feet SETBACK CERTIFICATION AND STRUCTURE SIZE CERTIFICATION
REQUIRED.
Variance:
9 The Variance application is to allow for the 112 square foot conversion of the storage
area and 88 square foot patio enclosure at the front of the structure, to maintain a
minimum 3 -foot front yard setback.
10. The conversion and enclosure shall maintain the following setbacks
Front: 3 -feet minimum (proposed 3 -feet minimum from north property line).
Side 5 -feet minimum (proposed: 24 -feet east side, no change on west side).
Rear: 15 -feet minimum (no change)
Site Plan Review:
11. The Site Plan Review application is to allow for a 49 square foot addition at the rear
of the structure.
12 The 49 square foot addition shall maintain the following setbacks
Front no change to existing 3 -foot setback.
Side: 5 -feet minimum (proposed- 24 -feet east side; 26 -feet west side).
Rear: 15 -feet minimum (proposed: 21'6" minimum from south property line).
Miscellaneous:
13. Since the property is located within the RS -2 Zoning District, the property is limited
to a maximum lot coverage of 40% (proposed: 39 9%).
14 Maximum eave projection is limited to 6 -inches per every foot of required setback
PC Resolution No. 2000-29
Exhibit "A" -Conditions of Approval
Page 2
16 Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval.
17 Pursuant to a foliage analysis conducted by Staff in August 2000, there is no foliage
on the subject property that significantly impairs a view from the viewing area of
another parcel
18 The approved project is exempt from the requirement for a neighborhood
compatibility analysis because it consists of a 137 -square -foot expansion of the
residence, which is less than 25% of the original/existing square footage of the
residence
Landslide Moratorium Exception Permit
19. If lot drainage deficiencies are identified by the director of public works as part of
subsequent approvals, all such deficiencies shall be corrected by the applicant.
20. Three additional plumbing fixtures are approved under this permit, for a total of 8
plumbing fixtures throughout the residential structure.
21. The residence shall be connected to the sanitary sewer system within six months
after the commencement of operation of the sanitary sewer system. Either the
director or the director of public works shall determine whether the parcel is served
by a sanitary sewer system, whether a structure contains one or more operational
plumbing fixtures, or whether the connection to the sewer system is performed
property, including, without limitation, removal, or the discontinuation of the use, of
any existing septic system If the sewer system is abandoned, the applicant shall
be required to maintain the existing septic system, and the installation of a holding
tank shall be required.
22. Roof runoff from all buildings and structures on the site shall be contained and
directed to the streets or an approved drainage course
23. If required by the city geotechnical staff, the applicant shall submit a soils report,
and/or a geotechnical report, for the review and approval of the city geotechnical
staff, prior to issuance of any future building permits.
24 A hold harmless agreement satisfactory to the city attorney promising to defend,
indemnify and hold the city harmless from any claims or damages resulting from the
requested project Such agreement shall be submitted to the director prior to the
issuance of a building permit
PC Resolution No. 2000-29
Exhibit "A" -Conditions of Approval
Page 3
25 The applicant shall submit for recordation a covenant agreeing to construct the
project strictly in accordance with the approved plans, and agreeing to prohibit
further projects on the subject site without first filing an application with the director
pursuant to the terms of this chapter Such covenant shall be submitted to the
director for recordation prior to the issuance of a building permit.
26 All landscaping irrigation systems shall be part of a water management system
approved by the director of public works Irrigation for landscaping shall be permitted
only as necessary to maintain the yard and garden
27 All other necessary permits and approvals required pursuant to this code or any
other applicable statute, law or ordinance shall be obtained
PC Resolution No. 2000-29
Exhibit "A" -Conditions of Approval
Page 4