CC RES 1995-023RESOLUTION NO. 95 - 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL, THEREBY
APPROVING EXTREME SLOPE PERMIT NO. 37, FOR THREE
DECKS WHICH WOULD CANTILEVER A MAXIMUM OF 6'- 0"
OVER AN EXTREME SLOPE IN THE REAR YARD (5303
BAYRIDGE ROAD)
WHEREAS, on May 17, 1994, the applicant, Mr. Pritam Mataharu,
submitted an application for Extreme Slope Permit No. 37 to the
Department of Planning, Building, and Code Enforcement to allow
three decks ( a total of 552 square f eet in size) to cantilever a
maximum of 6'- 0" over an extreme slope in the rear yard of the
subject property; and,
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 21000 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), there was no substantial evidence
that Extreme Slope Permit No. 37 would have any effect on the
environment. Accordingly, the proposed project has been found to
be categorically exempt (Class III); and,
WHEREAS, after due notice was issued pursuant to the
provisions of the Rancho Palos Verdes Development Code, the
Planning Commission held a duly noticed public hearing on November
91 1994, at which time all interested parties were given an
opportunity to be heard and present evidence, and adopted P.C.
Resolution No. 94 - 54 thereby approving the project subject to
conditions; and,
WHEREAS, the appellant, Mr. Rollin Sturgeon, filed a written
appeal on November 28, 19 9 4 , within the 15 day appeal period of the
Planning Commission's decision, to the City Council; and,
WHEREAS, after due notice issued pursuant to the provisions of
the Rancho Palos Verdes Development Code, the City Council held a
public hearing on January 17, 1995, 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 site cannot reasonably accommodate the
three decks in another location not involving an extreme slope
since, the steep slope in the rear yard occupies two thirds of the
rear yard area, thereby severely limiting the amount of level yard
area on the property available for the residence and outdoor
recreation. Although the front yard area could physically
accommodate the decks, it is not suitable for private outdoor
recreation and is not a viewing area.
Section 2: That the granting of an Extreme Slope Permit will
not be materially detrimental to the public welfare or injurious to
the area in which the property is located, since the proposed decks
would not impair views or adversely impact the privacy of adjacent
properties on both Bayridge Road and Silver Spur Road. In
addition, since the project does not involve grading or other
disturbance to the extreme slope, the project would not increase
runoff or cause slope instability.
Section 3: That there would be no significant disturbance to
the slope since the decks would cantilever a maximum of 61- 0" over
the rear yard slope, and no grading or vertical support members
shall be necessary to construct the decks.
Section 4: The Extreme Slope Permit is not contrary to the
provisions of the General Plan since the proposed decks would not
alter the existing residential use of the site and no grading would
occur on the slope which would be injurious to adjacent properties.
Further the location of the cantilevered decks will not .impair
views or adversely effect the privacy from the surrounding
properties.
Section 5: In order to further protect the public health,
safety and welfare, the project shall be conditioned to require the
underside of the deck structures to be screened with landscaping
and the decks to be of a color which blends with-the natural
landscape.
Section 6: The time within which 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.
Resolution No. 95 - 23
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Section 7: Based on the facts contained in this Resolution,
the Staff Report, Minutes, and other components of the legislative
record and in the public comments received, the City Council of
the City of Rancho Palos Verdes hereby denies the Appeal, thereby
approving Extreme Slope Permit No, 37 for the construction of three
cantilevered decks at 5303 Bayridge Road, subject to the conditions
of approval contained in the attached Exhibit "A ", which are
necessary to protect the public health, safety, and general
welfare.
PASSED, APPROVED and ADOPTED on this 21 day of February 19950
MAYOR
ATTEST:
CITY CLERK
DEPUTY
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss
CITY OF RANCHO PALOS VERDES }
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 95 - 23 was duly and
regularly passed and adopted by the said City Council at a regular
meeting held on February 21, 1995,
CITY CLERK (DEPUTY)
Attachment: Exhibit "A ", Conditions of Approval
Resolution No. 95 - 23
Page 3 of 5
Exhibit "A"
Conditions of Approval for Extreme Slope Permit No. 37
(5303 Bayridge Road)
1. The decks shall respect the following minimum setbacks:
front: 201- 011, rear: 15'- 0111 sides: 5' -0"
2. The decks shall cantilever a maximum of 6'- 0" over the
extreme slope and shall not include support members placed
into the extreme slope.
3. The maximum height of the deck shall not exceed 41- 6" in
height as measured from the support member to the top of the
railing.
4. The portion of the decks over the extreme slope shall not be
covered with a trellis, arbor or canopy, and shall not be
enclosed in any manner.
5. Prior to issuance of building permits, the landowner shall
submit a landscaping plan for the installation of vegetation
to screen the underside of the three decks from the
surrounding residences, which shall be subject to the review
and approval of the Director of Planning, Building, and Code
Enforcement. The vegetation required in the approved plan
shall be installed prior to the building permit final.
6. The deck material shall consist of a color which blends with
the natural landscape, which shall be subject to the review
and approval of the Director of Planning Building and Code
Enforcement. The decks shall be maintained in the approved
color thereafter.
7e The completed project shall substantially conform to the plans
stamped as received by the Planning Division on October 7,
1994.
8. The property owner shall submit a notarized Covenant to
Protect Views to the Department of Planning, Building and Code
Enforcement, prior to submittal of plans to the Building and
Safety Division for plan check.
Resolution No. 95 - 23
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91 In the event that a Planning Division requirement and a
Building and Safety Division requirement are in conflict with
one another, the stricter standard shall apply.
10. The construction site shall be kept free of all loose
materials resembling trash debris in excess of that material
used for immediate construction purposes. Such excess
material may include, but not be limited to: the accumulation
of debris, garbage, lumber, scrap metal, concrete, asphalt,
piles of earth salvaged materials, abandoned or discarded
furniture, appliances or other household fixtures.
(DSK #14 [IKJ ES37CC . RES)
Resolution No. 95 - 23
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