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