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PC RES 1995-039 P.C. RESOLUTION NO. 95-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 401, THEREBY APPROVING THE REQUEST TO ALLOW A PORTION OF AN ADDITION AND NEW DECKING TO BE CANTILEVERED OVER AN EXTREME SLOPE AND TO ALLOW GRADING(CAISSONS) TO BE BUILT INTO THE EXTREME SLOPE AT THE PROPERTY AT 29723 KNOLLVIEW DRIVE WHEREAS, on September 12, 1995, applications for Variance No. 401 and Grading Permit No. 1842;to allow portions of the proposed additions to the existing home to cantilever more than 6 feet over an extreme slope and to allow caissons to be placed into the slope to support the proposed additions; and, 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(e)(Hazardous Waste and Substances Statement), Staff found no evidence that Variance No. 401 would have a significant effect on the environment. Accordingly, the proposed project has been found to be categorically exempt (Class I and III); and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 24, 1995, 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 there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property,which do not apply generally to other property in the same zoning district in that, due to the configuration of the existing home, with the garage and driveway on the south side of the property and the pool on the north side, there is little to no room to expand the house without involving the extreme slopes on either side of the house. In addition to the unusual configuration of the house, the developable portions of the lot narrows to a point along the north side of the property, such that the area available to make improvements quickly diminishes on this side of the subject property. Additionally,the geology reports prepared for the property for the City's review indicate that the site is currently"slipping" in the direction of the extreme slope at the front of the property, as evidenced by the slope failure. Aside from the slope failure, the report also indicates that the portion of the lot on which the existing single story portion of the residence is situated, is made up of fill material that was not compacted appropriately. The "failing" and unsuitable soils conditions on the lot also constitute an exceptional and extraordinary condition which is not typically found on residential lots in the City. Section 2: That such a Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant since, as a result of the physical limitations noted in the finding above, the property owners are restricted from occupying the residence and making ordinary improvements to their home. Throughout the City, other property owners in the same zoning district generally able to make improvements to their homes, without encountering the same physical difficulties that the subject homeowners are faced with. Granting the Variance would allow the landowners to repair and improve their home so that it may be re-occupied, like other single-family residences in the City. Therefore, by granting approval of the requested Variance application, the Commission would not be bestowing a right to the applicant that is uncommon to other properties in the same zoning district. Section 3: That the granting of the Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located since the proposed project would repair the existing unstable lot, thereby reducing the adverse impacts to the subject lot and adjacent properties. Additionally, the project would allow the property owners to occupy what is now a vacant, uninhabitable structure, thereby removing a visual blight and attractive nuisance from the neighborhood. The proposed additions would not create any significant adverse impacts to nearby residents. Section 4: That the granting of such a Variance will not be contrary to the policies and objectives of the General Plan since the General Plan encourages development within the City that maintains and enhances the visual qualities of existing neighborhoods without creating adverse impacts to the surrounding area. In addition, the General Plan encourages incentives to allow innovative development exceptions in areas otherwise precluded from development due to health and safety reasons. The proposed remedial grading and construction will restore and stabilize this property, which cannot be occupied at this time. Section 5: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. P.C. Resolution No. 95-39 Page 2 of 5 Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, and all other records of the proceedings, the Planning Commission hereby grants Variance No. 401, thereby approving the repair and expansion of the home located at 29723 Knollview Drive, 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 October 1995, by the following vote: AYES: Commissioners Al beri o, Ferraro, Vannorsdal l and Whiteneck, Acting Hayes Ha es NOES: None ABSTENTIONS: None ABSENT: Commissioner Wang d At Sonj. 'eder •n Hayes (Actiig) Chairperson / • Bret B. rern. d, MCP Director of 'lanning, :uilding, and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 95-39 Page 3 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL FOR VARIANCE NO. 401 (29723 Knollview Drive) 1) The following minimum setback areas shall be maintained: a) 20'-0" front yard b) 15'-0" rear yard c) 5'-0" side yard CERTIFICATION of all setbacks shall be required at the time of foundation form inspection. 2) The maximum height of the structure shall not exceed a ridge elevation of 142.38', as measured from pad elevation 114.58' (RIDGE HEIGHT CERTIFICATION REQUIRED). 3) The maximum eave projections into the required setbacks shall not exceed 4" for each 1'-0" of required setback. 4) The house shall be constructed in substantial conformance to the approved set of plans date stamped as received by the Planning, Building, and Code Enforcement Department on September 12, 1995. (CERTIFICATION of the foundation layout shall be required at the time of foundation form inspection). 5) 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 City's Plan Check process. 6) In the event that a Planning requirement and Building& Safety requirement are in conflict with one another, the stricter standard shall apply. 7) 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 material 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. 8) This permit is contingent upon full compliance with the conditions of approval for Grading No. 1842, regarding the associated grading for the project. P.C. Resolution No. 95-39 Page 4 of 5 9) The applicant shall install a mirror at the foot of the driveway in order to ensure safe exit from the property. All appropriate permits shall be obtained from the City for the placement of the mirror. 10) The applicant shall reduce the grade of the driveway, as much as possible, and shall incorporate a new step/stairway system with the new driveway. The Director of Planning, Building, and Code Enforcement shall review the proposed driveway modifications. m/var401re P.C. Resolution No. 95-39 Page 5 of 5