PC RES 1994-054RESOLUTION NO. 94 - 54
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING EXTREME SLOPE
PERMIT NO. 371 THEREBY APPROVING THREE DECKS WHICH
WOULD CANTILEVER A MAXIMUM OF 61- 011 OVER AN
EXTREME SLOPE IN THE REAR YARD (5303 BAYRIDGE ROAD)
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WHEREAS, on May 17, 1994, the applicant, Mr. Pritam Mataharu,
requested Extreme Slope Permit No. 37 to allow three rear yard
decks (a total of 552 square feet in size) to cantilever a maximum
of 61-011 over an extreme slope; 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) , there was no substantial 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).
WHEREAS, the Planning Commission held a duly noticed public
hearing on the pro)ect on November 9, 1994, 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 the site cannot reasonably accommodate the
structure in another location not involving an extreme slope,
since, although the front property could physically accommodate a
deck, it is not a viewing area, and due to the steep slope in the
rear yard, which occupies two thirds of area in the rear yard.
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.
Section 3: That there would be no significant disturbance to
the slope since the decks would cantilever 61- 011 over the rear
yard slope and no grading is proposed since there will be no
vertical support members, landscaping shall be required to screen
the underside of the deck structures and the decks shall be of a
color which blends with the natural landscape.
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Section 4 : The Extreme Slope Permit is not contrary to the
provision of the General Plan since the proposed deck would not
alter the existing residential use of the site, and is in
conformance with all land use control elements of the General Plan.
Section 5: 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.
Section 6: Based on the facts contained in this Resolution,
in the Staff Report, Minutes, and other components of the
legislative record, and in the public comments received, the
Planning Commission of the City of Rancho Palos Verdes hereby
approves Extreme Slope Permit No. 37, 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 9th day of November 1994.
Gilbert Alberio, Chairman
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Bret B. Be pard, Director of Planning,
Build ng nd Co.a Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 94- 54
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Exhibit "A"
Conditions of Approval for Extreme Slope Permit No. 37
(5303 Bayridge Road)
1. A minimum of 82% open space shall be maintained on the
lot.
2 . The following minimum setbacks shall be maintained:
front: 20'- 0", rear: 15'- 0", sides: 5'-0"
3 . The two upper decks shall not cantilever further than
6'- 0" over the rear yard slope.
4. The maximum height of the deck shall not exceed 9'-6" in
height as measured from the support member to the top of
the railing.
8. Prior to issuance of building permits, the landowner shall
submit to the City and receive approval of a landscaping
plan for the installation of vegetation to screen the
underside of the three decks from the surrounding
residences. The Director of Planning, Building, and Code
Enforcement shall review and approve a landscape plan
prior to issuance of building permits. The vegetation
require in the approved plan shall be installed prior to
the building permit final.
9 . 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.
10. The deck material shall consist of a color which blends
with the natural landscape and maintenance thereof.
11. The completed project shall substantially conform to the
plans stamped as received by the Planning Division on May
17, 1994 .
P.C. Resolution 94 - 54
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