PC RES 1996-034 411
P.C. RESOLUTION NO. 96-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING EXTREME
SLOPE PERMIT NO. 42 FOR A DECK THAT WILL BE
CANTILEVERED A MAXIMUM OF 6 FEET OVER AN EXTREME
SLOPE AT 30829 VIA RIVERA
WHEREAS, on September 4, 1996, the landowner, Mr. Greg Reinhardt, submitted an
application for Extreme Slope Permit No. 42 to the Department of Planning, Building and Code
Enforcement for construction of a deck that will cantilever a maximum of six feet(6'-0") over an
extreme slope (greater than 35% in steepness); 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 evidence that Extreme Slope Permit No. 42 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 requirements of the Rancho Palos Verdes
Development Code, a public hearing was held on September 24, 1996, before the Planning
Commission of the City of Rancho Palos Verdes, 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 deck in another location
on the property not involving an extreme slope, since approximately 40% of the lot is comprised
of an extreme slope, and given the existing configuration of the residence on the property and
required side yard setback areas, there is a very limited usable yard available in the year yard of
the property.
Section 2: That the project will result in no significant adverse effect, nor cause any view
impairment on neighboring properties due to the distance from, and the orientation of the adjacent
lots. The proposed deck would not affect the privacy of the downslope properties, since the
street below is single loaded, and the deck would overlook the front yards of these lots, which
would be similar to the view that is currently available from the public street. The proposed deck
will not have an adverse visual impact to surrounding properties since the conditions of approval
shall 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 will
review the project to ensure that it will not cause erosion or slope instability.
4110
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
approved Extreme Slope Permit No. 42 for the deck to extend a maximum of six feet(6'-0") over
the extreme slope at 30829 Via Rivera, 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 24th day of September 1996, by the following
vote:
AYES: Commissioners Al beri o, Cartwright, Franklin, Ng, Whiteneck,
Vice Chairman Vannorsdall , and Chairman Clark.
NOES:
ABSTENTIONS:
ce._ F. it '-
Lawrence E. Clark
Chairman
QgNAK3-42....
riP.OIN/4._
Carolynn Pe ,rDirector of Planning,
Building, and Code Enforcement; and,
Secretary to the Planning Commission
P. C. Resolution No . 96-34
Page 2
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Exhibit"A"
Extreme Slope Permit No. 42
30829 Via Rivera
1. The maximum projection of the deck over the extreme slope (greater than 35% in
steepness) shall not exceed 6'-0".
2. The maximum height of the deck (including the handrail) shall not exceed 9'-0" (as
measured to the top of the hand rail from the lowest finished grade directly below the edge
of deck.
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 be a stained wood. If the landowner desires a different color
then it shall blend with the natural landscape and be approved by the Director of Planning,
Building & Code Enforcement.
5. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
6. 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.
7. 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.
8. No grading has been approved in conjunction with the project other than that necessary
for the excavation of the footings for the support wall. No grading will occur upon the
extreme slope.
9. The completed project shall substantially conform to the plans dated September 4, 1996,
and stamped as approved by the Planning Division, prior to submittal to the Building and
Safety Division for plan check.
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