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PC RES 1995-027P.C. RESOLUTION NO. 95-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING EXTREME SLOPE PERMIT NO. 40, FOR A DECK THAT WILL BE CANTILEVERED A MAXIMUM OF 6 FEET OVER AN EXTREME SLOPE AT 21 CRESTWIND DRIVE WHEREAS, the applicant, Mr Patrick Killen, representing the property owners, Mr and Mrs. Tosh Mihara, has submitted Extreme Slope Permit No 40, for construction of a deck that will cantilever over an extreme slope (greater than 35% in steepness) and will project a maximum of six feet (6-0") over said 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), Staff found no evidence that Extreme Slope Permit No 40 would have a significant effect on the environment Accordingly, the proposed project has been found to be categorically exempt (Class I), and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on July 11, 1995, at which time all interested parties were given an opportunity to be heard and present evidence NOW, THEREFORE, THE PLANNING COMNIISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS. Section l: That the site cannot reasonably accommodate the structure in another location not involving an extreme slope since there is a very limited usable yard available due to the severely sloping nature of the lot 4, Section 2: That the project will result in no significant adverse effect on neighboring properties due to the distance from, and the orientation of the adjacent lots, the proposed deck will not cause any view impairment The proposed deck will not have an adverse visual impact to surrounding properties since the conditions of approval require the applicant to construct and maintain the deck in a color that blends with the existing residence and surrounding landscaping and to screen the underside of the deck with landscaping to soften the appearance of the structure The City's Building & Safety Division (including the City's geotechnical consultants) will review the project to ensure that it will not cause erosion or slope instability Section 3: That there will be insignificant disturbance to the slope, since the deck will be cantilevered over the slope without the need for a support system that would otherwise require grading into the slope. Section 4: That approval of the project is not contrary to the General Plan since the Plan promotes improvements to properties that will enhance the visual quality of existing neighborhoods while balancing and protecting the rights of residents within those neighborhoods The applicant's project, as conditioned, will be consistent with this policy The subject property is not located in the City's Coastal Zone Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, and records of the proceedings, the Planning Commission hereby Approves Extreme Slope Permit No 40 for the deck to extend a maximum of six feet (6-0") over the extreme slope at 21 Crestwind 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 I lth day of July 1995, by the following vote AYES Commissioners Alberio, Ferraro, Wana, Whiteneck, and Vice -Chair Hayes ABSTENTIONS NONE ABSENCES: Commissioner Vannorsdall and Chairman Mowlds I Bret B'BerrArd, AIC" Director of Planning, lilding, and Code Enforcement; and, Secretary to the Planning Commission PC Resolution No 95-_Z7 Page 2 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR EXTREME SLOPE PERMIT NO 40 (21 CRESTWIND DRIVE) 1) The maximum projection of the deck over the extreme slope shall not exceed 6'-0" 2) The maximum height of the deck (including the handrail) shall not exceed 12'-0" (as measured to the top of the hand rail from the lowest firushed grade adjacent to the support footing 3) That portion of the deck structure below the deck floor, shall be screened with vegetation for the entire length of the deck A landscape plan shall be submitted for review by the Director of Planning, Building & Code Enforcement prior to the issuance of building permits. 4) The color of the deck shall blend with the natural landscape The color used shall be reviewed and approved by the Director of Planning, Building & Code Enforcement prior to the issuance of building permits 5) Construction shall substantially conform to plans stamped as received by the City on May 11, 1995. 6) In the event that a Planning requirement and Building & Safety requirement are in conflict with one another, the stricter standard shall apply 7) The construction site 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 is not 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 8) A completed and notarized Covenant to Protect Views shall be submitted to the Planning Department prior to the submittal of the approved plans into the Building and Safety Division's Plan Check process 9) No grading has been approved in conjunction with the project other than that necessary for the excavation of the footings for the support wall 10) The applicant shall obtain approval via the submittal of a Site Plan Review application for the proposed family room addition dsklNeWre P C Resolution No 95-27 Page 3 of 3