PC RES 1992-055 P.C. RESOLUTION NO. 92-55
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
EXTREME SLOPE NO. 32 TO ALLOW A DECK TO
CANTILEVER A MAXIMUM OF FIVE FEET (5'-0")
OVER AN EXTREME SLOPE AND UPHOLDING THE APPEAL
OF MINOR EXCEPTION PERMIT NO. 446, THEREBY
APPROVING A FOUR FOOT (4'-0) ENCROACHMENT INTO
THE FRONT YARD SETBACK AND A ONE FOOT (1'-0")
ENCROACHMENT INTO THE SIDE YARD SETBACK TO
ACCOMMODATE A 121 SQUARE FOOT ADDITION AT
6425 VIA de ANZAR.
WHEREAS, the applicant, Ms. Corinne Stolz has requested an
Extreme Slope Permit to allow a deck to cantilever a maximum of
five feet (5'-0") over an extreme slope and a Minor Exception
Permit to allow a four foot (4'-0") encroachment into the required
twenty foot (20'-0") front yard setback and a one foot (1'-0")
encroachment into the required five foot (5'-O") side yard setback
to accommodate a 121 sq. ft. addition; and
WHEREAS, on May 27, 1992, the Director of Environmental
Services denied Minor Exception Permit No. 446 based on the finding
that the proposed addition would significantly impair views from an
adjacent neighbor; and
WHEREAS, on June 10, 1992 , less than fifteen days after the
Director's decision, David Breiholz and Co. , representing the
applicant, filed an appeal of the Minor Exception Permit decision;
and
WHEREAS, after notice pursuant to the provisions of the Rancho
Palos Verdes Development Code, a public hearing was held on August
25, 1992 , 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 the site cannot reasonably accommodate the deck
structure in another location not involving an extreme slope
since, due to the physical topography of the property, there is no
usable or developable area available in the rear yard. Any
improvements to the rear of the property therefore, will encroach
into the extreme slope.
Section 2 : That the Extreme Slope Permit will result in no
significant adverse effect on neighboring properties as evidenced
by the Staff conducted view analysis from the only property that
could be impacted by the proposed deck (6421 Via de Anzar) . The
residents at this property enjoy views towards the north of the Los
Angeles Basin and City lights from several areas within the house
and the property. The view analysis was conducted from the
principal viewing areas of the main level of the house including
the living room, dining room, and balcony/deck and from a concrete
patio area at the rear of the structure adjacent to the lower
level of the residence.
It is the Commission's opinion that the proposed deck will not
cause any view impairment from the viewing areas within the
residence at 6421 Via de Anzar. The main living floor level at
this residence is at an elevation sufficiently higher than the
proposed deck that the residents will be looking down onto the
deck versus looking directly at the structure.
However, when looking towards the enjoyed view from the patio
area outside, and immediately adjacent to the lower level of
the residence at 6421 Via de Anzar, it is the Commission's opinion
that the deck might cause an adverse visual impact. The Commission
therefore required that the deck's railing material be transparent
to alleviate any potential visual impact that might be caused by
the proposed deck from the outdoor patio area.
Section 3: That there will be insignificant disturbance to the
slope since the deck will be cantilevered from the residence over
the extreme slope without any vertical support members. Therefore,
the deck will cause no disturbance to the slope.
Section 4: That the Extreme Slope Permit approval is not contrary
to the General Plan or Coastal Specific Plan since the General Plan
promotes improvements to properties that will enhance the visual
quality of existing neighborhoods while balancing and protecting
the rights of residents within those neighborhoods. It is the
Commission's opinion that the proposed deck is consistent with this
criteria. The subject property is not located in the Coastal Zone.
Section 5: That the granting of the Minor Exception Permit is
warranted by the practical difficulties created by the severely
restricting nature of the extreme slope which makes up the majority
of the lot. The only available developable portion of the lot is
towards the front of the property where the residence exists as a
legal non-conforming structure due to the encroachment into the
front and side yard setbacks. The addition will maintain the
architectural integrity of the residence by following the building
lines of the existing structure.
P.C. Resolution No. 92-55
Page 2
Section 6: That the granting of the Minor Exception Permit will
not be materially detrimental to neighboring properties in the area
since the addition will not significantly impair views enjoyed from
surrounding residences. The views from 6426 Via de Anzar will be
further protected by incorporating a hip roof design at both ends
of the front facade as a condition of approval.
Section 7: For the foregoing reasons and based on the information
and findings included in the Staff report, and records of the
proceedings, the Planning Commission hereby approves Extreme Slope
Permit No. 32 for the deck in the rear yard and upholds the appeal
of Minor Exception Permit No. 446, thereby approving the the
addition to the residence which encroaches into the front and side
yard setback, subject to the conditions contained in Exhibit "A"
attached hereto and made a part hereof, which are necessary to
preserve and protect the public health, safety, and general welfare
in the area.
PASSED, APPROVED, AND ADOPTED this 8th day of September, 1992 .
111
14-94//
Robert Katherman
Chairman
0,2
Dudley O derdonk, Director
0,4i1202
of Environmental Services and
Secretary to the Commission
P.C. Resolution No. 92-55
Page 3
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
EXTREME SLOPE NO. 32 AND
MINOR EXCEPTION PERMIT NO. 446
(6425 VIA de ANZAR)
1) The railing material for the deck shall be of a transparent
material, such as plexi-glass, only.
2) The applicant shall submit a completed and notarized Covenant
to Protect Views (Landscape Covenant) to the Environmental
Services upon submittal of the stamped plans to the Building
and Safety Division's plan check process.
3) Maximum height of the addition shall not exceed the existing
ridge height of the residence (el. 120. 2 ' as measured from pad
elevation 106. 0 ' (southwest corner of residence) .
4) The applicant shall incorporate the roof design depicted in
the plan dated September 1, 1992 and called out as "Option
B"
5) Maximum eave projection shall not exceed eight inches (8")
into the required side yard setback.
6) Maximum encroachment of the structure into the front yard
setback shall not exceed 4 four feet (4 '-0") ; maximum
encroachment of the structure into the side yard setback shall
not exceed one foot (1 '-0") .
P.C. Resolution No. 92-55
Exhibit A
Page 4