PC RES 2000-007A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 467 TO ALLOW CONSTRUCTION OF A 338
SQUARE FOOT WOOD DECK THAT WILL BE ATTACHED
TO THE EXISTING RESIDENCE, AND PROJECT OVER AN
EXTREME SLOPE OF 37% BY 20'6", LOCATED AT 4100
PALOS VERDES DRIVE EAST.
WHEREAS, on December 9, 1999, the applicants, Mr & Mrs. Richard
Hess submitted an application for Variance No 467 to construct a new 338
square foot wood deck that will be attached to the existing residence, and
project over an extreme slope of 37% by 20'6", as measured from the top of
the slope, located at 4100 Palos Verdes Drive East; and,
WHEREAS, on January 5, 2000 the application was deemed
complete; and,
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act, Public Resources Code Section 21000 et seq ("CEQA"), the
State's CEQA Guidelines, and Government Code Section 65962.5(f)
(Hazardous Waste and Substances Statement), Staff found no evidence that
Variance No. 467 would have significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt
(Class 1, Section 15301 ((e)(1)); and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly
noticed public hearing on February 22, 2000, at which all interested parties
were given the 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: The project site has exceptional and extraordinary
circumstances in that the property has no usable rear yard area due to the
severely sloping nature of the lot, and the entire rear yard area is an extreme
slope that immediately descends away at the rear of the structure. The
existing house was built on an extreme slope of thirty-seven (37%) percent,
however the proposed deck will not extend beyond the existing balconies (1st
and 2nd levels) which already extend over the slope These factors result in a
unique situation which does not generally apply to properties within the RS -2
Section 2: The project site is currently developed with a single family
residence that is located on an extreme slope (greater than 35%) with no usable rear
yard area. However, the applicant has the right to enjoy other areas of the property,
including the rear yard area Since the property does not have any usable rear yard
area due to the severe slope, the property owners feel deprived of a privilege that is
possessed by other property owners within the same zoning district and citywide
The deck is necessary in order to allow the applicant enjoyment of outdoor space
within the rear yard area since the existing 60" wide balconies provide only limited
use Therefore, the Variance is warranted to allow the applicants to enjoy their
property right in a manner that is consistent with other property owners under the
specific condition present in this case, which are not generally present in the RS -2
zone
Section 3: The requested Variance to allow the 338 square foot deck to
project over an extreme slope of 37% by 20'6" would not be detrimental to the public
welfare since: 1) the deck will not create any significant view impairments; 2) there
will be no infringement of privacy, and 3) the structure will not be visually obtrusive
from the public right-of-way since it will be located at the rear of the property
Furthermore, the structure will be reviewed, inspected, and approved by the Building
and Safety Division The project will be required to comply with all safety standards
of the Uniform Building and Fire Codes. Conditions of approval to this effect are
imposed. Therefore, no injuries to the property and improvements within the area
will result due to the location of the proposed deck.
Section 4: The requested Variance to allow the 338 square foot deck to
project over an extreme slope is consistent with the goals and objectives of the
General Plan policies no 1 and 2 since it will improve the property, and will not
change the visual character of the neighborhood Also, a majority of the adjacent
residences have an existing deck at the rear of the residence that cantilevers over
an extreme slope Therefore, the granting of the Variance would not be contrary to
the objectives of the General Plan, and the subject property is not located in the
Coastal zone.
Section 5: Any interested person may appeal this decision or any portion of
this decision to the City Council. Pursuant to Section 17.02 040 (C)(1)(j) 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 the date of the Planning Commission's final action.
Section & For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other record of proceeding, the
PC Resolution No 2000- 07
Page 2 of 3
Planning Commission of the City of Rancho Palos Verdes hereby approved
Variance No 467, thereby approving construction of a new 338 square foot deck
that will be attached to the existing residence, and project over an extreme slope of
37% by 20'6", subject to the conditions contained in Exhibit "A", attached hereto and
made a part hereof, which are necessary to protect the public health, safety and
welfare in the area
PASSED, APPROVED, AND ADOPTED this 22nd day of February 2000, by the
following vote:
AYES: Alberio, Cartwright, Clark, Paris, and Slayden
NOES:
ABSENTATIONS:
ABSENT: Lyon and Vannorsdall
Joel Rojas, AICP
pirecto
,/ of Planning, BuiLP4
a)%d-42�bde Enforcement, and
Secretary to the Planning Commission
i uartwrignt
airman
P.C. Resolution No. 2000- 07
Page 3 of 3
GENERAL
•
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 467
1 Prior to the submittal of plans into Building and Safety "plan check",
the applicant shall submit to the City a statement, that they have
read, understand and agree to all the conditions of approval
contained in this resolution Failure to provide said written
statement within ninety (90) days of approval shall render this
approval null and void
2 The approval shall be null and void after one (1) year from the date of
approval unless the approved plans are submitted to the Building
and Safety Division to initiate the "plan check" review process,
pursuant to Section 17 86 070 of the City's Development Code This
approval shall become null and void after initiating the "plan check"
review process, or receiving a building permit to begin construction,
if said "plan check" or permit is allowed to expire or is withdrawn by
the applicant
3 The Director of Planning, Building and Code Enforcement is
authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve
substantially the same results as would strict compliance with said
plans and conditions
4 The abandonment or non-use of this approval after a period of one
year shall terminate the approval and any privileges hereunder shall
become null and void
VARIANCE
5 The proposed deck shall be attached to the existing residence, and
shall not exceed 338 square feet in area
6 The deck shall not exceed 23'0" in height on the downslope side, as
measured from the top of the footing to the top of the handrail
7 The proposed deck that projects over an extreme slope of 37%, shall
be attached and aligned with the existing second level balcony But,
in no case shall the deck extend further than 20'6", as measured from
the top of the slope
P C Resolution No 2000-07
Exhibit "A"
Page 1 of 2
8. No grading or caissons are approved with this project.
9. The proposed deck shall be reviewed, inspected, and approved by
the Building and Safety Division
10 The minimum setbacks shall conform to the approved plans, but in
no case shall be less than
Front 20' Interior Side 5'0" Rear: 29'— 71'
11. A minimum of 60% percent of open space shall be maintained on the
property (proposed: 74 64%).
12 The hours of construction shall be limited to 7 00 a.m. to 7 00 p m
Monday through Saturday. No construction shall be permitted on
Sundays or on legal holidays
13 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 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.
14. The proposed deck shall substantially conform to the approved
plans, stamp dated December 9, 1999.
PC Resolution No. 2000-07
Exhibit "A"
Page 2 of 2