CC RES 1993-039RESOLUTION NO. 93 -39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES UPHOLDING THE APPEAL AND OVERTURNING THE
PLANNING COMMISSION'S DENIAL OF VARIANCE NO, 347, THEREBY
APPROVING AFTER- THE -FACT EXTENSIONS TO AN EXISTING DECK
LOCATED OVER AN EXTREME SLOPE LOCATED AT 5561 GRAYLOG
STREET.
WHEREAS, on September 8, 1992, the Director of Environmental
Services approved an after- the -fact application for Site Plan
Review No. 7110- Revision to replace an existing non - conforming deck
on the subject property which had deteriorated. The plans as
submitted indicated that, with exception to a 91 square foot
extension located in the northwest corner of the deck, the
previously existing deck extended approximately 7 feet over the
slope and measured 16 feet in depth and approximately 47 feet in
width; and
WHEREAS, on September 8, 1992, the applicant submitted an
application for Variance No. 347 requesting after - the -fact approval
of the new 91 square foot extension to the previously existing non-
conforming deck; and
WHEREAS, after notice issued pursuant to the requirements of
the Development Code, the Planning Commission of the City of Rancho
Palos Verdes held public hearings on November 24, and December 8,
1992, and on January 26, February 9, and March 8, 1993 at which
times all interested parties were given an opportunity to be heard
and present evidence; and
WHEREAS, on November 24, 1992, the Planning Commission
tentatively approved a 13 square foot expansion to the deck and
directed Staff to prepare the Resolution; and
WHEREAS, on December 8, 1992, the Planning Commission, in
response to written correspondence, continued the item to January
26, 1993 to allow a previous owner of the property to submit
information documenting the size of the original deck; and
WHEREAS, on February 9, 1993, based on evidence submitted, the
Planning Commission determined that the original deck was not as
large as depicted on the plans as approved through Site Plan Review
No, 7110 - Revision. The Planning Commission determined that the
original deck measured approximately 14 feet in depth and 24 feet
in width, and that all other portions of the deck located over the
extreme slope were subject to the Variance. In order to attempt to
reach a compromise solution regarding the deck size and privacy
issues, the Planning Commission continued the hearing to March 8,
1993 and directed Staff, the landowner, and all interested parties
to conduct a meeting. A meeting with Staff, the landowner, and
interested parties was held at City Hall on February 18, 1993, The
meeting ended with no compromise or equitable solution being
reached; and
WHEREAS, on March 8, 1993, the Planning Commission adopted
P.C.- Resolution No. 93 -6, thereby denying the Variance and found
that the extreme slopes on the property did not result in
exceptional or extraordinary circumstances on the property and that
the Variance was not necessary for the preservation and enjoyment
of a substantial property right;
WHEREAS, on March 19, 1993, less than 15 days from the
Planning Commission's denial of Variance No. 347, the landowner
submitted a letter of appeal to the City Council;
WHEREAS, after notice issued pursuant to the requirements of
the Rancho Palos Verdes Development Code, the City Council of the
City of Rancho Palos Verdes held a public hearing on April 20,
1993., at which time all interested parties were given an
opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the information originally provided to the
City regarding the size of the original deck which was subject to
replacement under Site Plan Review No. 7110 - Revision, was
inaccurate. As such, with exception to a portion of the deck
measuring 14 feet in length as measured north to south by 24 feet
as measured east to west, located adjacent to the existing family
room, approval of Site Plan Review No. 7110 - Revision is revoked.
The remaining portions of the deck which extend over the extreme
slope as shown on the approved plans for Site Plan Review No. 7110
Revision are hereby incorporated as part of this Variance.
Section 2. That, while the slope conditions are similar on
other properties, the extreme slope in the rear yard of the subject
property limits the amount of usable level area to the pool area
and a small level area located directly adjacent to the family
room. This condition creates an exceptional circumstance which
does not apply generally to other properties in the RS -5 zoning
district.
Section 3. The deck provides additional usable area in the
rear yard which is comparable in size to the amount of decking
and /or level area existing on surrounding properties. Therefore,
this variance is necessary for the preservation and enjoyment of a
substantial property right which is possessed by other property
owners under like conditions.
Resolution No. 93 -39
Page 2 of 6
Section 4: While the deck does not directly impair views,
the City Council finds that, as constructed, the proximity of the
western portion of the after - the -fact extension to improvements on
adjacent property is injurious to the adjacent property due to the
loss of privacy currently enjoyed by the adjacent property.
Measures to mitigate the impacts to privacy including modification
to the existing structure to reduce the size of the deck and to
screen views of the deck from adjacent properties have been
.included in the conditions of approval. Additionally, the
landowner will be required to install landscaping sufficient to
screen views of the deck and footings from adjacent properties.
Finally, the landowner will be required to comply with all
recommendations and requirements, if any, of the Division of
Building and Safety.
Section 5: Because no change in land use is proposed, the
variance will not be contrary to the objectives of the General
Plan. The property is not located in the Coastal Zone, and is
therefore not subject to the policies and requirements of the
Coastal Specific Plan.
Section 6: For the foregoing reasons and based on
information and findings included in the Staff Report, minutes, and
records of the proceedings, the City Council of the City of Rancho
Palos Verdes hereby upholds the appeal and overturns the Planning
Commission's denial of Variance No. 347, thereby approving after -
the -fact extensions to an existing deck located over an extreme
slope on property located at 5561 Graylog Street, subject to the
conditions of approval in Exhibit "A" which are necessary to
protect the public health, safety, and welfare.
PASSED, APPROVED and ADOPTED this 4th day of May, 1993. '
ATTEST
CITY CL K
STATE F CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
MAYOR
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 93 -39 was duly and
regularly passed and adopted by the said City Council at a regular
meeting held on May 4, 19930
CITY CLE , CITY OF RANCHO PALOS VERDES
Resolution No. 93 -39
Page 3 o f 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO, 347
5561 GRAYLOG STREET
1. To reduce the proximity between the subj ect deck and the deck
located on adjacent property at 26108 Basswood, the landowner
shall remove the north western corner of the subject deck,
measuring approximately six (6) feet by six (6) feet by
eight (8) feet with an area of approximately eighteen (18)
square feet, as depicted by the shaded area shown in Figure 1
below, and subject to the review and approval by the Director
of Environmental Services:
FIGURE 1:
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LEGEND:
PORTION OF DECK TO BE REMOVED
•••r, ••••• LOCATION OF REQUIRED 10 FT. HIGH (APPROX) TRELLIS SCREEN
EXISTING DECK
5561 GRAYLOG STREET
EXISTING RESIDENCE
29 Portions of the deck as described above in Condition No. 1,
including all decking material, above grade framing, and other
support members not approved through this Variance shall be
removed within six (6) weeks after this approval becomes
final. I f the landowner fails to remove p ort i ons of the deck
not approved through this Variance within six (6) weeks of the
date of approval, the City may initiate Code Enforcement
action against the property.
Resolution No, 93 -39
Page 4 of 6
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LEGEND:
PORTION OF DECK TO BE REMOVED
•••r, ••••• LOCATION OF REQUIRED 10 FT. HIGH (APPROX) TRELLIS SCREEN
EXISTING DECK
5561 GRAYLOG STREET
EXISTING RESIDENCE
29 Portions of the deck as described above in Condition No. 1,
including all decking material, above grade framing, and other
support members not approved through this Variance shall be
removed within six (6) weeks after this approval becomes
final. I f the landowner fails to remove p ort i ons of the deck
not approved through this Variance within six (6) weeks of the
date of approval, the City may initiate Code Enforcement
action against the property.
Resolution No, 93 -39
Page 4 of 6
3. The landowner shall be required to obtain building permits for
that portion of the deck approved through this application.
Penalty fees shall be assessed. The landowner and their
representatives shall comply with all recommendations and
requirements, if any, of the Division of Building and Safety.
4. The landowner shall demonstrate that the deck, framing,
railing, and all other support members have been constructed
according to all applicable Building Code requirements. If
the owner is unable to demonstrate that the deck has been
constructed in accordance with all applicable Building Code
requirements, modification to the deck, framing, railing, and
all other support members shall be required to bring the deck
into conformance with the Building Code. Submittal of a "Hold
Harmless" agreement or other similar document shall not be
acceptable in lieu of satisfying this requirement.
5. Prior to issuance of Building Permits, the landowner shall
submit a landscaping plan including vegetative materials
sufficient to screen the footings of the deck from view and to
grow and cover the lattice screen required in Condition No. 7
below, subject to review and approval by the Director of
Environmental Services. Said landscaping shall be installed
prior to final inspection of all Building Permits.
6. Within six (6) weeks of this approval, the landowner shall
attach a six (6) foot high fence, wall, or lattice structure
directly to the eastern side of the planter located adjacent
to the south eastern corner of the deck to screen views from
the deck towards adjacent property located to the east. Along
the northern side of the planter, the screen may be reduced in
height, provided adequate provisions for pool fencing in
accordance with Condition No. 8 below are achieved. Said
screen shall be constructed entirely on the subject property
and shall connect to the north eastern corner of the deck and
to the eastern side yard property line. A maximum of four (4)
horizontal inches between this fencing and existing fencing
located parallel to the eastern side property line shall be
maintained. If the horizontal distance between this fencing
and the existing side yard fencing located parallel to the
eastern side property line is greater than four (4) inches,
the landowner shall be required to install fencing parallel to
the eastern side property line, entirely on the subject
property, and in accordance with the minimum requirements for
pool fencing as described in Condition No. 8 below. If deemed
necessary, the landowner shall provide documentation
certifying the location of the eastern side property line and
the location of the existing fencing located parallel to the
eastern side property line. The installation and construction
of this screen /fencing shall be subject to review and approval
by the Director of Environmental Services.
Resolution No, 93 -39
Page 5 of 6
7. To create a visual barrier between the subject deck and any
views towards the residential structure located at 26108
Basswood Avenue, the landowner shall install a lattice screen
in such a manner that the height of the screen is eighteen
(18) .inches above the elevation of the hand railing on the
existing deck located at 26108 Basswood Avenue (approximately
10 feet in height as measured from the adjacent grade) . The
lattice screen shall be ten (10) feet in length, and shall be
placed parallel to the existing deck at 26108 Basswood with a
minimum distance of 2.5 feet between the lattice screen and
the neighboring deck as shown in Figure 1 above. Vegetative
material of a vine or climbing species shall be installed to
grow and cover the lattice screen. Building permits are
required for installation of the lattice screen. The
installation of the lattice screen and landscaping shall be
completed within six (6) weeks of this approval and shall be
subject to the review and approval by the Director of
Environmental Services.
81 Within fifteen (15) days of this approval, or prior to
issuance of building permits, whichever occurs first, the
landowner shall install a minimum height 5 foot, maximum
height 6 foot pool fence to enclose the pool/and or property.
All gates shall be a minimum of five feet in height and shall
be equipped with self - closing, self - latching features.
90 Prior to issuance of Building Permits, the landowner shall
submit a Covenant to Maintain Property to Protect Views.
10* Within f if teen (15) days of this approval or prior to issuance
of Building Permits, whichever occurs first, the landowner
shall submit, in writing, a statement that they have read,
understand, and agree to all conditions of approval. Failure
to comply with any of these conditions shall render this
approval null and void.
Resolution No. 93 -39
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