PC RES 1997-0780-
P.C.
RESOLUTION NO. 97 - 78
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING EXTREME
SLOPE PERMIT NO. 43, THEREBY ALLOWING TWO
PORTIONS (170 TOTAL SQUARE FEET) OF A 643 SQUARE
FOOT, REPAIRED AND EXPANDED DECK TO EXTEND
610" OVER AN EXTREME SLOPE OF 45%, WHERE MINOR
ENCROACHMENTS OF DECKS ONTO AN EXTREME
SLOPE (35% OR MORE) REQUIRE A PERMIT, FOR A
RESIDENCE LOCATED AT 3423 NEWRIDGE DRIVE
WHEREAS, on July 24, 1997, the landowner, Alan and Maria McQueen, submitted
an application for Extreme Slope Permit No 43 to allow two portions (170 total square feet)
of a 643 square foot, repaired and expanded deck to extend 60" over an extreme slope
of 45%, where minor encroachments of decks onto an extreme slope (35% or more)
require a permit, for a residence located at 3423 to allow 868 square feet of new building
footprint and 182 square feet of covered rear deck, located at 3423 Newridge Drive This
application is part of a proposed protect that includes planning applications for Variance
No. 429, Grading Permit No 1969 and Site Plan Review No. 8063; and,
WHEREAS, Staff deemed the application incomplete on August 14, 1997. The
applicant submitted revised plans along with the application for Variance No 429 on
November 6, 1997. All applications for the project were deemed complete on November
19, 1997
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(f) (Hazardous Waste and Substances
Statement), there was no evidence that Extreme Slope Permit No. 43 would have a
significant effect on the environment Accordingly, the proposed project has been found
to be categorically exempt (Class 1); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, a public hearing was held on December 9, 1997, 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
s •
Section 1: That the site cannot reasonably accommodate the structure except on
an extreme slope since The subject property is severely limited by existing topography to
construct a new deck. The subject residence has an existing deck attached to the rear
portion of the structure which is located along the top of the extreme slope (south
elevation) that requires repair and replacement. Other than the existing deck area (top of
slope), the applicant has no usable rear yard to enlarge the deck to enjoy a protected view
of San Pedro Harbor and the offshore islands to the south and southwest.
Section 2: That the Extreme Slope Permit will result in no significant adverse
effect on neighboring properties, such as visual impact, slope instability, increased run-off
or view impairment since the design and deck color will blend the deck with the remodeled
residence creating no adverse visual impact to the upslope residences and the proposed
deck will be constructed with foundation footings in the top of the slope, not into the
extreme slope, thus no impact to slope instability will be created. All roof and site drainage
from the deck will be directed to an approved drainage system. Additionally, the proposed
deck cover will improve the view from the residence at 3417 Newridge Drive because the
existing shrubs, which are located where the proposed deck cover will be constructed and
are taller than the proposed deck cover, will be removed.
Section 3: That the structure will not result in an unreasonable infringement of
privacy of the occupants of abutting residences since privacy at the adjacent residences
will not be significantly impacted by the proposed cantilevered deck. The residence at
3417 Newridge Drive is at a higher elevation than the subject property and the proposed
cantilevered deck, therefore, privacy to this adjacent residence will not be infringed The
residence at 3427 Newridge Drive is located at a lower elevation than the subject property
with a deck located along the southern elevation of the residence, similar to what the
applicant is proposing. There is sufficient distance, approximately 460", between the
location of the existing deck at 3427 Newridge Drive and proposed portion of the
cantilevered deck on the subject property, to provide an adequate amount of privacy on
each deck. Further, the roof eave on the residence at 3427 Newridge Drive extends out
approximately 3'0" screening the south -facing windows from potential views from the
proposed cantilevered deck. Lastly, the residence to the south, 3091 Deluna Drive, is
located substantially downslope from the subject property with large trees and shrubs
located in the rear portion of the property, that the proposed cantilevered deck will not
impact the privacy of this residence Therefore, Staff determined that the propose project
will not create an unreasonable infringement of privacy to any of the abutting residences
on the neighboring properties
Section 4: That any disturbance of the slope will be insignificant because the
proposed cantilevered deck(s) are small in size and that the foundation will be constructed
with a footing near the top of slope, rather than on the extreme slope Therefore, the
P.C. Resolution No. 97 - 78
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proposed cantilevered deck will not create a significant disturbance to the extreme slope
Section 5: That the Extreme Slope Permit is consistent with the General Plan,
Coastal Specific Plan or any other applicable plan since the applicant is requesting to
modernize the existing residence by remodeling and adding an addition to the residence
which is consistent with Policy No 7 of the Urban Environment -Housing Activity Section
of the General Plan. This policy is to promote and "assist in the maintenance and
improvement of all existing residential neighborhoods as to maintain optimum local
standards of housing quality and design" Additionally, the subject property is not located
in the Coastal Zone and is not subject to the Coastal Specific Plan. Therefore, the
Extreme Slope Permit for the cantilevered deck will be consistent with the General Plan.
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 17 76 060(H) 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 fifteen (15) days following
December 9, 1997, the date of the Planning Commission's final action.
Section 7: 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 Extreme Slope Permit
No 43 to allow two portions (170 total square feet) of a 643 square foot, repaired and
expanded deck to extend 60" over an extreme slope of 45%, where minor encroachments
of decks onto an extreme slope (35% or more) require a permit, for a residence located
at 3423 to allow 868 square feet of new building footprint and 182 square feet of covered
rear deck 3423 Newridge Drive, subject to the Conditions of Approval contained in the
attached Exhibit "A", attached hereto and made apart thereof, which are necessary to
protect and preserve the public health safety and welfare
P.C. Resolution No. 97 - 78
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PASSED, APPROVED, and ADOPTED this 9th day of December 1997 by the following
vote*
AYES ALBERIO, VANNORSDALL, CLARK, -.NG AND SLAYDEN
NOES CARTWRIGHT
ABSTENTIONS.
ABSENT WHITENECK
Carolynn Pet , AICP,
Director of Planning, Building and Code
Enforcement; and,
Secretary to the Planning Commission
oplz-jr a 4�4 .
Donald E Vannorsdall
Chairman
P.C. Resolution No. 97 - 7
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EXHIBIT "A"
CONDITIONS OF APPROVAL
EXTREME SLOPE PERMIT NO. 43
3423 NEWRIDGE DRIVE
Within ninety (90) days following approval of Extreme Slope Permit No 43, 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 shall render this approval null and void
2 The approval shall be null and void after 180 days from the date of the approval
unless the approved plans are submitted to building and safety to initiate the "plan
check" review process, pursuant to Section 17 86 070 of the City's Development
Code This approval shall also become null and void if after initiating the "plan
check" review process or receiving a building permit to begin construction, said
permit or "plan check" is allowed to expire or is withdrawn by the applicant
3 This approval is to allow two portions (170 total square feet) of a 643 square foot,
repaired and expanded deck to extend 60" over an extreme slope of 45%, where
minor encroachments of decks onto an extreme slope (35% or more) require a
permit, for a residence located at 3423 Newridge Drive
3. The two portions (170 square feet) of the 643 square foot, repaired and expanded
rear deck shall be constructed on a foundation footings on the top of slope. The
cantilevered deck(s) shall not project more than 60" over the extreme slope
4. The height of the proposed deck cover shall not exceed 176", measured from the
existing grade of the top of slope.
5 The existing shrubs located at the south elevation of the existing garage shall be
removed to construct the expanded and repaired deck and deck cover
6. The cantilevered portions of the deck shall be constructed and maintained in a
wood material with a gray -color stain to match the proposed gray -color of the new
siding material and re -roof shingles for the residence
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7 Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the revised plans prepared by Robert
K. Laird, Architecture One, titled Garage and Master Bedroom Addition for Alan and
Maria McQueen, submitted to the City on December 4, 1997
8 In the event that a Planning Division requirement and a Building and Safety Division
requirement are in conflict with one another, the stricter standard shall apply
P.C. Resolution No. 97 - 78
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