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PC RES 1989-036 411 110 P.C . RESOLUTION NO . 89-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO . 206 , ENVIRONMENTAL ASSESSMENT NO . 553 , AND COASTAL PERMIT NO . 55 FOR A DECK WHICH EXCEEDS 12 FEET IN HEIGHT, EXCEEDS 250 SQUARE FEET IN AREA AND IS TOTALLY SEAWARD OF THE COASTAL SETBACK ZONE, AND ENCROACHES INTO AN EXTREME ( 50% ) SLOPE, LOCATED WITHIN THE COASTAL DISTRICT ON SEAWALL DRIVE. WHEREAS , the Portuguese Bend Club Homeowners ' Association and Transamerica Corporation have requested approval of a Variance , Environmental Assessment and Coastal Permit for a partially constructed deck on Seawall Drive , which was granted a Moratorium Exemption by the City Council on January 17 , 1989 ; and WHEREAS , after notice issued pursuant to the provision of the Rancho Palos Verdes Development Code , a public hearing was held on June 27 , 1989 , 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 will be no significant environmental impacts resulting from this project due to the implementation of the mitigation measures contained in the Negative Declaration for Environmental Assessment No . 553 , which have been incorporated into conditions of approval in Exhibit "A" , attached hereto and made a part hereof . Section 2 : That there are exceptional or extraordinary circumstances or conditions applicable to the property and the use of the property which do not apply generally to other properties in the same zoning district , since the Bend Club has very small substandard private lots which have limited areas for private recreational facilities and the area when originally subdivided was not intended as primary year-round residences as it is now used. Section 3 : 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 , since the private lots are substandard for the zoning district and the large areas of common open space can accommodate common recreational facilities which cannot be accommodated on the private lots . 1111 0 Section 4 : 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 the deck requires no grading and replaces a facility which was dilapidated and hazardous . Section 5 : That the granting of such Variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan, since the deck will create a safer and more aesthetically pleasing environment and re- vegetation of disturbed areas with native vegetation will enhance slope stability and deter erosion. Section 6 : That the proposed development , when located between the sea and the first public road, is in conformance with applicable public access and recreational policies of the Coastal Act , in that no public trails or access points exist on or adjacent to the property and the deck provides better recreational facilities for the Portuguese Bend Club . Section 7 : For the foregoing reasons , the Planning Commission of the City of Rancho Palos Verdes does hereby approve Variance No . 206 , Coastal Permit No . 55 , Environmental Assessment No . 553 , and 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. APPROVED, and ADOPTED this 27th day of June , 1989 . (74,_r-,14% °P' Oi ( Luella L . Wike Chairperson (E/1/0 :--1/( R ed, irectornvironmental Services and Secretary to the Commission P. C . Resolution No . 89-36 Page 2 EXHIBIT111 "A" Variance No . 206 , Coastal Permit No . 55 , and Environmental Assessment No . 553 are approved subject to the following conditions : 1 . A city landscape covenant to maintain all existing and future common open space property to protect views , shall be submitted and recorded by the Portuguese Bend Club Homeowners ' Association prior to building permit issuance . 2 . All the conditions of approval as required by Moratorium Exemption No . 18 shall be complied with. 3 . A complete landscape and irrigation plan shall be submitted to the Director of Environmental Services and the Director of Public Works for review and approval . Re-vegetation of disturbed areas with native and naturalized plant materials to blend with the native vegetation is required. Drought tolerant , erosion controlling and low maintenance plant materials shall be utilized. A small lawn area in the lower level area adjacent to the parking lot may be allowed if approved by the Director of Public Works . An irrigation system will only be allowed if it is found by the Director of Public Works and City Geologist that it will not aggravate the existing situation. The system, if approved, shall use low gallonage heads and be on an automatic timer with a moisture sensor override system. If an emergency fire prevention sprinkler system is installed, it shall be on a separate valve with a heat sensor and override system. 4 . All runoff shall drain to approved drainage structures and must be approved by the City Engineer. All exposed concrete drainage devices shall be earth toned in color. 5 . Construction is limited from 7 :00 a.m. to 7 :00 p .m. Monday through Saturday. 6 . The applicant/property owner shall submit plans to the Building and Safety Division for plan check within 90 days of this approval . Plans shall be in conformance with the plans approved by the Planning Commission. 7. Deck level No. 3 shall be modified by cutting back the southern portion of the deck closest to the parking lot 4 feet, so the deck is only 13 feet wide. 8 . The applicant and landowner shall file a statement , in writing , with the City within thirty ( 30 ) days of this approval , that he has read, understands , and consents to the conditions herein imposed on the project . P.C. Resolution No. 89-36 Page 3 110 III/ 9. Fire retardant treatment shall be added to deck. 10. The existing deck on the north eastern most side shall be removed. P.c. Resolution No. 89-36 Page 4