PC RES 1996-002P.C. RESOLUTION NO. 96- 2
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 392 TO ALLOW AN AFTER -THE -FACT
APPROVAL FOR A DECK BUILT INTO AND OVER AN
EXTREME SLOPE AT 27520 ELMBRIDGE DRIVE
WHEREAS, on March 30, 1995, as the result of a Code Enforcement case on
the property, the landowner submitted an application for Variance No 392 to allow an
after -the -fact approval for a deck which had been partially constructed into and over an
extreme slope at 27520 Elmbridge Drive; and,
WHEREAS, the application was deemed complete on April 27, 1995, 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 Variance No 392, when
constructed pursuant to the specifications established by the City's engineering and
geology consultants, would have a significant effect on the environment Accordingly,
the project has been found to be categorically exempt (Class I and Class 111), and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Development Code, the Planning Commission held a public hearing on June
27, 1995, July 11, 1995, September 12, 1995, October 10, 1995, November 11, 1995,
and December 12, 1995, 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 are exceptional or extraordinary circumstances or
conditions applicable to the property involved, or to the intended use of the property,
which do not apply generally to other property in the same zoning district in that, the
majority of the area on the property with a slope of less than 35% is developed with the
existing home, garage, and driveway, and that limited usable, outdoor space exists on
the lot except for the rear portion, which is 35% or greater in slope, and had been
experiencing a degree of slippage which resulted in the deterioration of the pre-existing
deck, as well as posing a potential threat to the stability of the steep rear yard slope In
addition, the soils and geology reports prepared for the property and reviewed by the
City, indicate that the final construction of the project will comply with the City's
minimum factor of safety levels.
Section 2 That such a 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
completion of the deck is necessary to restore and increase the usable outdoor area on
the property, and to stabilize the failing slope on the applicant's property, as well as the
neighboring properties. The ability for a landowner to reasonably increase the amount
of usable area and to stabilize his or her property from geologic hazards is a right
possessed by other property owners in the same zoning district
Section 3* 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 proposed construction reviewed and approved by the
City's soils and geology consultants would repair the slope failure, thereby reducing
adverse impacts to the subject lot, as well as to the adjacent properties In addition, the
deck does not impair the views from the adjacent properties, and screening will be
provided to minimize aesthetic impacts of the deck to a level of insignificance.
Section 4- That the granting of such a Variance will not be contrary to the
policies and objectives of the General Plan since the General Plan encourages
development within the City that maintains and enhances the quality of existing
neighborhoods without creating adverse impacts to the surrounding area. The General
Plan also encourages the allowance of innovative development exceptions in areas
otherwise precluded from development due to health and safety reasons. As the
proposed additional construction for the deck will restore and re -stabilize the extreme
slope of this property, (as well as aid in the stability of neighboring properties), the
granting of the Variance would not be contrary to policies and objectives of the General
Plan The subject property is not located in the City's Coastal Zone, and, therefore, is
not subject to the policies and requirements of the Coastal Specific Plan.
Section 5 That the time within which the 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. For the foregoing reasons and based on the information and findings
included in the Staff Report, the minutes of the public hearing, and all other records of
the proceedings, the Planning Commission hereby grants Variance No 392, thereby
approving the after -the -fact repair and expansion of the deck on the property located at
27520 Elmbridge Drive, subject to the conditions of approval 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
P.C. Resolution No. 96-2
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PASSED, APPROVED, AND ADOPTED this 9th day of January 1996, by the
following vote.
AYES. Commissioners Alberio, Vannorsdall, and Whiteneck
NOES NONE
ABSTENTIONS' Commissioners Cartwright, FRanklin, Franlin, Ng, and Chairman Clark
ABSENT NONE
5 LL
Lawrence E Clark
Chairman 1191%
/Y /) - --�f
Bret B/ Ber�hrd, AICP
Direofor of V'anningf, Building, and Code
Enforcement, and, Secretary to the
Planning Commission
P.C. Resolution No. 96- 2
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EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 392
(27520 ELMBRIDGE DRIVE)
The deck shall be constructed in substantial conformance to the approved set of
plans dated 8/14/95 (received by the Department of Planning, Building, and
Code Enforcement on December 7, 1995), with the exception of structural
changes required by the City's Building and Safety Division
2. The applicant shall provide a landscape plan for screening of the deck for review
and approval by the Director Planning, Building, and Code Enforcement prior to
the issuance of building permits The landscaping shall be installed per the
approved plan, prior to the issuance of a final building permit
3. 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 City's
Plan Check process
4. In the event that a Planning Division requirement and a Building and Safety
Division requirement are in conflict, the stricter standard shall apply
5 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.
6 This permit is contingent upon full compliance with the conditions of approval for
Grading Permit No. 1819 regarding the associated grading for the project
N \GROUP\PLANNINGRESOSWAR392 WPD
P.C. Resolution No. 96- 2
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