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PC RES 2006-003 P.C. RESOLUTION NO. 06-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVINGVERDECASE NO. 2 0 0407, A SITE PLAN REVIEWAND A VARIANCE TO ACCOMMODATE THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE MEASURING 2,778 SQUARE FEET, WITHOUT THE REQUIREDTEP FOUNDATION, ON A VACANT LOT LOCATED AT 17 MARTINGALE DRIVE (LOT 17, PARCEL MAP NO. 22909) WHEREAS, on August 4, 2005, property owner submitted Variance and Site Plan Review applications (hereinafter referred to as ZON2005-00407) requesting approval for the construction of a new single-family residence on a vacant lot on 17 Martingale Drive without the required step foundation on a hillside; and, WHEREAS, on September 2,2005,the application was deemed incomplete pending the submittal of additional information; and, WHEREAS, upon submittal of the requested additional information, including geotechnical approval and certification of the temporary silhouette, Staff deemed the project generally complete for processing on November 21, 2005; 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 65962.5(f)(Hazardous Waste and Substances Statement), Staff found no evidence that ZON2004-00407 would have a significant effect on the environment and,therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303)since the project involves the construction of a new residence on a legally subdivided lot; and, WHEREAS, on January 10, 2006, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing 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 VERMES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1, The applicant's intended use of the property is unique to other residences constructed on sloping lots in the same zoning district in that only the upper floor will be constructed as a habitable space. Further, no excavation of the slope is proposed and subsequently, the louver floor will not be developed to be suitable for living purposes. The applicant's request to construct a residence on a hillside that does not utilize all available floors is an extraordinary circumstance applicable to the intended use of the property, which does not apply generally to other property in the same zoning district. Section 2: The 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. Many residences in the City were developed on sloping lots by constructing a step foundation that creates a building pad to be utilized as a lower habitable floor. The property owner desires to construct a single level residence with only one habitable floor without the step foundation, thereby causing minimal disturbance to the existing slope. A variance is required as there is no other way to design a single level residence on the property. Section 3: The variance will not be materially detrimental to the Martingale Drive neighborhood. The new residence will be at a relatively similar height with other houses on the same side of the street. Moreover, the City's Geologist has reviewed and approved the geotechnical reports that support development of the subject property. Section 4- The variance will not be contrary to the City's General Plan. The development of a new single-family residence is consistent with this underlying land use designation and is consistent with General Plan Housing Policy No. 3 to "[encourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." Section 5: The proposed structure complies with all other Code requirements in that the development standards of the RS-2 Zoning District are met with regards to setbacks and lot coverage. Section 6: The new residence will be compatible with the immediate neighborhood. The resulting structure size will not be out of character with the immediate neighborhood; the resulting structure will not be adversely apparent from or dominate the roadway; the project will not introduce new elements to the immediate neighborhood, nor deviate from an established style; and the residence will not deviate from the typical neighborhood setbacks. Section 7. Existing foliage on the subject property over the height of sixteen (16) feet does not significantly impair a view from the viewing area of another parcel. Section 8: For the foregoing reasons and based on the information and findings included in the Staff Deport, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Case No. ZON2005- 00407 for a Variance and a Site Plan Review for the construction of a new single-family residence, 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. Section 9. Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80 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 January 24, 2006. P.C. Resolution No. 2006-3 Page 2 PAS�ED, APPROVED, AND ADOPTED this 10t' day of January 2006, by the following voter AYE etreaul.t, Perestan, Knight, Karp, Muellers Gerstner NOES: none ABSTENTIONS: none ASSENT": none Paul Tetreault Planning Commission Chairman Joel �a , AICD Dire or Planningfn�d, ldi g and Cod?E orcement; ecretary to th anning Cornion P.C. Resolution No. 2006-3 Page 3 Exhibit "A" Conditions of Approval Case No. 005M 407 (Variance and Site Plan Review) I Prior to the submittal of plans into Building and Safety plan check, the applicant and/or property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval. Failure to provide said written statement within ninety(90)days following the date of this approval shall render this approval null and void. 2. The approval shall become null and void after one 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. 3. Approval is for a new split-level, single-family residence measuring 2,778 square feet in area. Specifically, the upper level will be the sole habitable floor of the residence and will measure 2,238 square feet for the residence and 540 square feet for the two-car garage, for a total of 2,778 square feet. 4. The following minimum setbacks shall be maintained: 0 Front yard: 10'-0" minimum (proposed: 10'-6") 0 Garage: 20'-0" minimum (proposed: W-o") 0 North Side yard: 6-0" minimum (proposed: 10'-6") 0 South Side yard: 6-0" minimum (proposed: 18'-6") 4 Rear yard: 16-0" minimum (proposed: 150'-0") SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A FRONT YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS FOR THE FIRST FLOOR. 5. The height of the new residence is limited to 14'-7" as measured from the average elevation of the front setback line (902'-0")to the highest ridgeline of the structure over the garage (9116-7"). Further, the maximum overall height of the new residence is limited to 29'-10" as measured from the highest ridgeline of the structure over the garage (916'-7")to the lowest finish grade covered by structure (887'-6") located along the rear of the structure. SUBJECT TO REVIEW AND APPROVAL BY THE . BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. P.C. Resolution No. 2006-3 page 4 6. A minimum two-car garage shall be maintained, with each space being individually accessed and each maintaining a minimum unobstructed dimension of 9-feet-wide by 20-feet-deep by 7-feet-vertical clearance (proposed: 540 square feet). 7. Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval. 8. Due to the subject property's location in the RS-2 zoning district, a maximum of forty percent (40%) lot coverage shall be allowed on the lot (proposed: 21%). 9. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 10.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. 11.The construction site and a'11 adjacent private and public property 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, plies of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 12.The construction site shall be temporarily enclosed with a six(6-0")foot high chain-link fence during the lehgth of construction of the residential structure. 13.In the event the property owner wishes to convert the undeveloped lower floor into a habitable space,thp property owner shall be required to construct a step foundation no less than eight (8) -foot in height. P.C. Resolution No. 2006-3 Page 5