PC RES 1996-028P.C. RESOLUTION NO. 96- 28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 412, THEREBY APPROVING AFTER -THE -
FACT: 1) AN 18 -SQUARE -FOOT, 36 -INCH -TALL PLANT
SHELF WHICH ENCROACHES FIVE FEET (5'0") INTO THE
REQUIRED 5 -FOOT SIDE -YARD SETBACK AREA; AND 2)
A 61 -SQUARE -FOOT EXPANSION OF A PREVIOUSLY -
APPROVED 280 -SQUARE -FOOT DECK WHICH
ENCROACHES A MAXIMUM OF TWELVE FEET (12'0")
INTO THE EXTREME SLOPE AREA OF THE REAR YARD
OF AN EXISTING SINGLE-FAMILY RESIDENCE AT 3638
COOLHEIGHTS DRIVE
WHEREAS, on June 27, 1996, the applicants, Dr and Mrs. Philip Brunner,
submitted an application for Variance No 412, a request for after -the -fact approval of an
existing plant shelf and modifications to an existing, permitted deck which encroach into
the side -yard setback and extreme slope areas, respectively, of a single-family residence
on Coolheights Drive; 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. 412 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)); 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 August 27, 1996, 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 because the subject property
is smaller than the minimum lot size of the RS -3 district, nearly half the property is fifty
percent (50%) slope or greater, where development is prohibited or strictly limited, and the
remaining lot area available for development --exclusive of extreme slope areas, required
setback areas and the existing building footprint --is only thirteen percent (13%) to
seventeen percent (17%) of the total lot area
0- 0
Section 2: That such variance is necessary for the preservation and enjoyment of
a substantial property right of the applicant, which right is possessed by other property
owners under like conditions in the same zoning district because other single-family
residential lots in the immediate vicinity of the subject property are able to accommodate
similar accessory structures without variances since they are less physically constrained,
and the ability to construct accessory structures in the rear -yard areas of single-family
residences is customary and common in the area
Section 3: That the granting of such a 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 because the subject improvements are substantially screened from
view from public rights-of-way (Coolheights Drive and HightEde Drive) and from private
property below the site due to the presence of intervening structures and/or screening
vegetation, the gathering space of the deck has been modified so as not to encroach into
the side -yard setback area or impinge upon the privacy of the residence and rear -yard
area of the abutting property at 3632 Coolheights Drive, the downslope edge of the
modified portion of the deck encroaches no further into the extreme slope area than the
line of the previously -approved deck; the plant shelf which encroaches into the side -yard
setback area exceeds the allowable height by only six inches (6"), is completely screened
from view from the abutting property by a fence, and is separated from the walking surface
of the deck by a railing so that it cannot be used as a gathering space which could impinge
upon the privacy of the abutting property at 3632 Coolheights Drive, and the subject
improvements are screened by existing vegetation and a fence so as to be substantially
or completely screened from view from the enclosed living area and rear -yard area of the
abutting property at 3632 Coolheights Drive
Section 4: That the granting of such a variance will not be contrary to the
objectives of the general plan or the policies and requirements of the coastal specific plan
because the project implements policies in the Rancho Palos Verdes General Plan to
"[encourage] the maintenance and improvement of all existing residential neighborhoods
so as to maintain optimum local standards of housing quality " and "[prohibit]
encroachment on existing scenic views reasonably expected by neighboring residents';
is consistent with the Residential 2-4 DU/acre land use designation, and is not subject to
the policies and requirements of the Rancho Palos Verdes Coastal Specific Plan
Section 5: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 17.60 060 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 August 27, 1996,
the date of the Planning Commission's final action.
PC Resolution No 96-28
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Section 6. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and all other records of the proceedings, the Planning
Commission hereby grants Variance No 412, thereby approving after -the -fact 1) an 18 -
square -foot, 36 -inch -tall plant shelf which encroaches five feet (5'0") into the required 5 -
foot side -yard setback area, and 2) a 61 -square -foot expansion of a previously -approved
280 -square -foot deck which encroaches a maximum of twelve feet (12'0") into the extreme
slope area of the rear yard of an existing single-family residence at 3638 Coolheights
Drive, 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
PASSED, APPROVED, AND ADOPTED this 27th day of August, 1996, by the following
vote*
AYES Commissioners Alberio, Cartwright, Ng, Whiteneck, Vice Chairman
Vannorsdall, and Chairman Clark
NOES
ABSTENTIONS Commissioner Franklin
9916011:11-111
y:11i:�M
Carolynn Pltru,
Director of Planning, Building, and Code
Enforcement, and, Secretary to the Planning
Commission
r y
Lawrence E. Clark,
Chairman
P C Resolution No. 96-2g
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 412
(3638 Coolheights Drive)
1 } The deck and plant shelf shall be maintained in a color that blends with the
natural landscape, subject to the approval of the Director of Planning, Building
and Code Enforcement
2) The applicant shall obtain all required building permits for work already
completed to modify the deck and construct the plant shelf
3) The existing landscaping shall be maintained to substantially screen the deck,
plant shelf, footings and railings from view from adjacent public rights-of-way
and private properties
4) In the event that a Planning requirement and a Building requirement are in
conflict with one another, the stricter standard shall apply
5) No modifications to the existing plant shelf and deck are approved by this
permit except as may be required for compliance with Building Code
requirements, notwithstanding that.
a) The deck shall be maintained at its current dimensions and location,
at a minimum distance of six feet (60") from the side property line, and
shall not extend beyond the line of the furthest edge of the previously -
approved deck or twelve feet (12'0") into the extreme slope area,
whichever is less, and
b) The plant shelf shall be maintained at its current dimensions and
location, at a maximum height of thirty-six inches (36"), and shall
remain separated from the deck area by a railing which restricts access
to the plant shelf as an extension of the walking surface of the deck.
Any future modifications to the location and/or dimensions of the plant shelf
and deck will require Planning Staff review, and may also require approval of
a variance or other discretionary permit by the Planning Commission
6) No grading has been approved with this permit
M \USERS\KITF\WPWIN60\PROJECTS\VAR412\VAR412 RES
P C Resolution No 96-28
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