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PC RES 2005-044 P.C. RESOLUTION NO. 2005-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO POS VERDES APPROVING, WITH CONDITIONS, A VARIANCE AND EXTREME SLOPE PERMIT (CASE NO. ZON2005-00320), FOR PROPERTY LOCATED AT 27544 ELMBRIDGE DRIVE. WHEREAS, On September 22, 2000, the City received a complaint about alleged unpermitted work being performed on the subject property. A subsequent site visit and a review of city files revealed that an unpermitted deck had been constructed, which extended over an extreme slope in the rear yard of the property. Accordingly, staff opened a code enforcement case and notified the property owner of the violation. After several notices and attempts by staff to get the property owner to comply with City codes, staff referred this matter to the City Attorney for potential legal action. Subsequent to a lawsuit being filed by the City, the property owner entered into a court- monitored agreement with the City that stipulates that he would either remove the unpermitted deck or file an application as an attempt to legalize the deck; and, WHEREAS, on June 20, 2005, the applicant submitted a Variance and Extreme Slope Permit application requesting to legalize the deck. On July 20, 2005, staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. On August 22, 2005, the applicant submitted the remaining information to staff that was needed to complete the application; and, WHEREAS, the Variance and Extreme Slope Permit applications were deemed complete by staff on August 31, 2005; 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 Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that the Variance and Extreme Slope Permit would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 11, 2005 at which time all interested parties were given opportunities to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: P.C. Resolution No. 2005-44 Page 1 of 6 Section 1: That the approved project includes the construction of a 425 square foot deck over an extreme slope and deviation from the maximum height of 12' and the 6' maximum a deck may extend over an extreme slope. Section 2: The Extreme Slope Permit is warranted since the site cannot reasonably accommodate the structure except on an extreme slope. Further, due to the location of the residence and the extreme slope at the rear of the building pad there is a limited useable rear yard, and only reasonably method to increase the size of the useable rear yard is to provide a deck over an extreme slope. Section 3: The Extreme Slope Permit is warranted since the permit will result in no significant adverse effect on neighboring properties. As part of the building and safety review of the deck, the applicant will need to obtain approval from the City's Geologist that the deck will not create a negative geological impact to the area. Additionally, the applicant will need to satisfy the City's Building Official that the deck has been engineered and constructed in a manner that meets the requirements of the Building Code. Furthermore, in order to mitigate any negative visual impacts to the properties downslope of the subject site (located on Browndeer), a condition of approval has been added that requires adequate landscaping be used to screen the deck. Section 4: The Extreme Slope Permit is warranted since the structure will not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Due to the location and distance between the deck and other structures in the area, standing on the deck does not give the property owner an additional ability to view into another home in the area or into another property that the property owner does not currently have. Section 5: The Extreme Slope Permit is warranted since any disturbance of the slope will be insignificant. Based on the initial site visit conducted by the Building Official, the only disturbance to the slope is caused by the foundations of the deck. When comparing this to the size of the slope, this disturbance is minimal as compared to the entire slope. Section 6: The Extreme Slope Permit is warranted since the permit is consistent with the general plan, coastal specific plan or any other applicable plan. Based on the analysis of the project, it is found that the deck complies with the General Plan goal to preserve and enhance the community's quality living environment; to enhance the visual character and physical quality of existing neighborhoods; and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community. Section 7: The Variance is warranted since there is an exceptional or extraordinary circumstance applicable to the property, which does not apply generally to other properties in the same zoning district. The substandard lot size and the limited useable rear yard creates an extraordinary circumstance, which does not apply generally to other properties in the RS-4 zone, thus requiring the applicant to exceed P.C. Resolution No. 2005-44 Page 2 of 6 the 6' limit for the deck. Furthermore due to the nature of the topography of the slope, the excessive height is needed to properly construct the deck. Section 8: The Variance is warranted since it is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners under like conditions in the same zoning district. At least ten other properties within the vicinity of the site have large decks constructed onto extreme slopes in order to increase the size of the useable rear yard. This includes at least one Variance, which was granted by the City in 1996, for the property located at 27520 Elmbridge. Some of these other decks extend a similar distance onto the extreme slopes and have a similar deck height as the subject property. As such, it is found that the deck is necessary for the property owner to enjoy the useable potion of their rear yard, which is a right that is possessed by other property owners under like conditions in the same zoning district. Furthermore, in order for the property owner to enjoy this right, the deviation in the height and length of the deck are necessary to construct a similar size deck as other property owners have. Section 9: The Variance is warranted since granting the deviations will not be materially detrimental to the public welfare or injurious to property and improvements in the area. As part of the building and safety review of the deck, the applicant will need to obtain approval from the City's Geologist that the deck will not create a negative geological impact to the area, and satisfy the City's Building Official that the deck has been engineered and constructed in a manner that meets the requirements of the Building Code. Furthermore, in order to mitigate any negative visual impacts to the properties downslope of the subject site (located on Browndeer), a condition of approval has been added that requires adequate landscaping be used to screen the deck. Section 10: The Variance is warranted since allowing the deviation will not be contrary to the objectives of the General Plan. Based on the analysis of the project, it is found that the deck complies with the General Plan goal to preserve and enhance the community's quality living environment; to enhance the visual character and physical quality of existing neighborhoods; and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community. Section 11: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17.64.060, 17.76.060(H) and 17.80.070 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 October 26, 2005. Section 12: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves the Variance and Extreme Slope Permit applications to allow for the construction of a 425 square foot deck over an extreme slope and deviation from the maximum height of 12' and the 6' maximum a deck may extend over an extreme slope (Case No. ZON2005- P.C. Resolution No. 2005-44 Page 3 of 6 00320); subject to the conditions contained in Exhibit W, attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. PASSED, APPROVED AND ADOPTED this 11th day of October 2005, by the following vote: AYES: GERSTNER, KARP, KNIGHT, MUELLER, PERESTAM, TETREAULT NOES: NONE ABSTENTIONS: NONE ABSENT: GOLIDA Paul Tetreault, Chairman ic(el Nojas, AlP f/' 'I D ect r of Pla,6�ig, Building and Code Enforcement; and, Se tart'to the Planning Commission P.C. Resolution No. 2005-44 Page 4 of 6 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2005-44) Variance and Extreme Slope Permit (Case o® ZON2005-00320) 1 The approval of a Variance and Extreme Slope Permit is to allow for the construction of a 425 square foot deck over an extreme slope and deviation from the maximum height of 12' and the 6' maximum a deck may extend over an extreme slope. 2. Approval of this Variance and Extreme Slope Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. The applicant/property owner shall submit to the City a statement, in writing that they have read, understand and agree to all conditions of approval listed below. Failure to provide said written statement within ninety (90) days of the effective date of approval shall render this approval null and void. 4. The approval shall become null and void after one (1) year from the date of this approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's Development Code. This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 5. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No work is permitted on Sundays or legal holidays. 7. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 8. The construction site, adjacent public and private properties 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 not be 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. P.C. Resolution No. 2005-44 Page 5 of 6 9. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 10. All applicable permits required by the Building and Safety Division shall be obtained by the applicant. 11. Unless modified by a future approval, the subject site shall maintain a maximum 36% lot coverage. 12. The proposed residence shall not exceed a height of 13', as measured from the lowest grade adjacent to the foundation/slab to the top of rail. 13. The deck shall not extend more that 16' onto the extreme slope, as measured on a horizontal plane from the top of the slope. 14. The property owner shall plant and maintain sufficient foliage to screen the deck from view of the neighboring properties. Prior to the issuance of building permits, the applicant shall submit a plan that indicates the species, numbers, and location of the landscaping. This plan shall be subject to the review and approval of the Director of Planning, Building, and Code Enforcement. Said landscaping shall be planted by the applicant and inspected by Planning Staff, prior to the issuance of building permit final. 15. Unless modified by a future approval, the deck shall maintain the following minimum setbacks: 39'-0" rear 8'-5" south side 27'-4" north side P.C. Resolution No. 2005-44 Page 6 of 6