PC RES 1995-007P.C. RESOLUTION NO. 95-7
A RESOLUTION OF THE PLANNING COMIVIISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 386, THEREBY APPROVING THE
REQUESTED T-3" EXPANSION OF A PORTION OF THE
UPPER LEVEL BALCONY/DECK, WHICH WILL RESULT
IN AN OVERALL DOWNSLOPE HEIGHT OF 42'-0" AT
6317 VIA COLINITA
WHEREAS, on February 3, 1995, the applicants, Robinson/North Architects, representing
the property owners, Mr and Mrs Thomas McNerney, submitted Variance No 386, an
application to allow a 7-3" expansion of a portion of the existing upper level balcony/deck, which
would result in an overall downslope height of 42'-0"; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 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 65952 5(e) (Hazardous Waste and Substances
Statement), Staff found no evidence that Variance No. 386 would have a significant effect on the
environment Accordingly, the proposed project has been found to be categorically exempt (Class
I), and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on March 14,
1995, 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 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 In that the subject property's severely
sloping topography does not afford the applicants much usable yard area. Therefore, the purpose
in expanding the existing upper level balcony/deck is to provide additional usable area for
entertaining adjacent to the residence Because the topography of the lot immediately starts to
descend from the front property line and continues to slope downward until nearly the end of the
property (beyond the residence), the overall downslope height of the structure would be increased
regardless of the nature of the project, even in this case, without making any structural
modifications to the existing roof ridge The severely sloping nature of the lot creates a situation
that qualifies as an exceptional/extraordinary condition which is not typically found in the same
zoning district, and which limits further development on the subject lot
Section 2: That such Variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant in that the property right in question is the applicant's
ability to utilize portions of his lot for entertainment and recreational purposes Without the
granting of the Variance request, the applicant would not be able to enjoy this common right that
is possessed by other property owners in the same zoning district Due to the constricting nature
of the lot's topography, there is little to no area that is generally considered to be usable,
recreational yard space on the subject lot Therefore, the applicant is proposing to expand the
balcony/deck on the upper level in order to create a usable recreational area The Variance is,
again necessary due to the Code's requirement regarding the measurement of the structure, even
though the ridge would remain unchanged.
Section 3: That the granting of 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, since it will not create any visual impairment to nearby properties it will not result in a
greater impact to the privacy of adjacent neighbors that currently exists, nor will it cause any
other significant adverse impacts to the surrounding area
Section 4: That the granting of such a Variance will not be contrary to the policies and
objectives of the General Plan since the General Plan encourages development within the City,
such as that of the applicants', that maintains and enhances the visual qualities of existing
neighborhoods without creating adverse impacts to the surrounding area
The subject property is not located "thin the Coastal Zone Therefore, the policies and
requirements of the City's Local Coastal Program do not apply to the subject property
Section 5: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094 6 of the California Code of
Civil Procedure
Section 6: 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
Variance No 386, thereby approving the modified balcony/deck projection to the residence
located at 6317 Via Colinita, subject to the conditions contained in Exhibit "A", attached hereto
and made a part hereof, which are necessary to preserve the public health, safety, and general
welfare in the area
P C Resolution No 95-7
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PASSED, APPROVED, AND ADOPTED this 14th day of March 1995, by the following vote:
AYES. COMMISSIONERS ALBERIO, FERRARO, VANNORSDALL, WANG,
WHITENECK, VICE CHAIR HAYES, CHAIRMAN MOWLDS
NOES NONE
ABSTENTIONS NONE
Bret B /13emarfi,1CP
Direct4r of Plnni�g, B)Iding, and Code
Enforcement, and, Secretary to the Planning
Commission
Eugene Mowlds III,
Chairman
PC Resolution No 95-7
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CONDITIONS OF APPROVAL
FOR VARIANCE NO. 386
(6317 Via Colinita)
1) The maximum downslope height of the project shall not exceed 42'-0", or a maximum
ridge elevation of 116.0' as measured from pad elevation 74 0' Certification shall be
required.
2) The maximum height of the balcony/deck railing shall not exceed 27-0", or a maximum
elevation of 101 9, as measured from pad elevation 74 0'
3) A completed and notarized Covenant to Protect Views shall be submitted to the
Planning, Building, and Code Enforcement Department prior to submitting the
approved plans into the Building and Safety Division's Plan Check process
4) The project shall be constructed in substantial conformance to the revised plans that
will be submitted to reflect the changes to the project as amended by the Planning
Commission.
5) The material used for the protective safety railing along the balcony/deck expansion
shall be wrought -iron.
6) The maximum expansion of the existing balcony/deck shall not exceed 7-3" in
depth The total width of the balcony/deck shall not exceed 12'-3".
7) In the event that a Planning requirement and Building & Safety requirement are in
conflict with one another, the stricter standard shall apply
8) 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
9) The approval of this project shall be contingent upon the approval from the Palos
Verdes Art Jury Notification of the approval from the Palos Verdes Homes
Association shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to the issuance of a Building Permit
PC Resolution No 95-7
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