PC RES 2007-002 P.C. RESOLUTION NO. 2007-02
RESOLUTION F THE PLANNING COMMISSION F THE CITY OF
RANCHO PALOS VERDES DENYINGTHE APPEAL, THEREBY
UPHOLDINGTHIS DIRECTOR'S APPROVAL OF A SITEPLAN
REVIEW (CASE NO. Z N2006-00370), WHICH ALLOWS THE
CONSTRUCTION F A 4,280 SQUARE FOOT NEW ESIDENCE T
REPLACE THE EXISTING, FIRE-DAMAGED, 3,946 SQUARE F OT
RESIDENCE.
WHEREAS, on July 13, 2006, the applicant submitted an application for a Site Plan
Reivew (Case No. ZON2006-00370), a request to construct a 4,280 square foot new residence
to replace the existing, fire-damaged, 3,946 square foot residence; and,
WHEREAS, on October 2, 2006, the application for the Site Plan Review was deemed
complete by Staff; and
WHEREAS, on October 2, 2006, the notice of application was issued pursuant to the
requirements of the Rancho Palos Verdes Development Code and 3 comments were received;
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 Regulations, 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 the Site Plan Review, will have a significant effect on
the environment and, therefore, the proposed project has been found to be categorically exempt
under Class 3 (Section 15303); and,
WHEREAS, on November 15, 2006, the Director of Planning, Building, and Code
Enforcement approved the Site Plan Review (Case No. ZON2006-00370). In accordance with
the Municipal Code requirements, a Notice of Decision for the approval was sent to all
interested parties; and,
WHEREAS, on November 30, 2006, the appellants (Lemuel Paul and Janet Irene
Matthews) filed a timely appeal of the Director's decision, requesting that the Planning
Commission reverse the approval of the Site Plan Review. The basis of the appeal is that the
approved project is incompatible with the existing neighborhood; and,
WHEREAS, after public notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
January 9, 2007, 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 the approved project which includes the construction of a 4,280
square foot new residence, is being appealed on the basis of neighborhood compatibility;
specifically in regards to the proposed project having a higher roof pitch than what previously
existed.
P.C. Resolution No. 2007-02
Page 1 of 4
Section 2: That the appeal is not warranted since the overall height of the approved
new structure will increase to the maximum allowed by-right height of 16720' thereby complying
with the requirements of Title 17 of the Rancho Palos Verdes Municipal Code. Additionally,
there are single-story residences with pitched roofs that are similar to the proposed new
residence and therefore the proposed roof style is compatible with other homes. Further, the
proposed structure is a replacement of an existing home in the same relative location,
orientation, and design with a 334 square foot addition. As such, the new residence is
compatible with the immediate neighborhood.
Section 3: Any interested person aggrieved by this decision or any portion of this
decision may appeal, in writing to the City Council. The appeal shall set forth the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must be filed
within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday,
January 24, 2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is
filed timely, the Planning Commission's decision will be final at 5:30 PM on January 24, 2007.
Section : For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby denies the appeal, thereby upholding the Director of Planning, Building, and Code
Enforcement's approval of a Site Plan Review (Case No. ZON2006-00370) which allows for the
construction of a 4,280 square foot residence in replacement of the existing, fire-damaged,
3,946 square foot 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 in
the area.
PASSED, APPROVED AND ADOPTED this 91h day of January 2007, by the following vote:
AYES: Commissioners Karp, Lewis, Perestam, Ruttenberg, Chairman Knight
NOES: None
ABSTENTIONS: Tetreault, Vice Chairman Gerstner
ABSENT: None
im Kni ,
Chairman
Jo Ro as, AICP
Dir ctor of Planning ilding
an Co a Enforcement; and,
Secr ary of the Planning Commission
P.C. Resolution No. 2007-02
Page 2 of 4
Exhibit "A"
Conditions of,Approval
Case No. 2006-00370 (Site PlanReview)
58 Avenida Corona
General
1. Approval of this Site Plan Review shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code shall apply.
2. The approval shall become null and void after 180 days 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 if, after initiating the "plan check" review
process, or receiving a building permit to begin construction, said, "plan check" or permit
is allowed to expire or is withdrawn by the applicant.
3. 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. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve
minor modifications to the conditions of approval and/or the approved plans, provided
such modifications will achieve substantially the same results as would strict compliance
with the original plans or conditions.
5. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No
work is permitted on Sundays or legal holidays. Trucks and other construction vehicles
shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way
before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of
construction stated above.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. The construction site, adjacent public and private properties 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 not be 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. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
P.C. Resolution No. 2007-02
Page 3 of 4
9. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
Site Plan Review
10. This site plan review allows the construction of a 4,280 square foot new residence in
replacement of the existing 3,946 square foot residence. The height of the new
residence shall not exceed the measurements shown on the stamped plans (16720'),
approved by the Planning Department. 16' shall be measured from the pre-construction
(existing) grade at the highest elevation of the existing building pad area covered by the
structure to the ridgeline or highest point of the structure. 20' shall be measured from
the point where the lowest foundation or slab meets the finished grade, to the ridgeline
or highest point of the structure. BUILDING HEIGHT CERTIFICATION IS REQUIRED.
A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE
CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S
BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF
FRAMING/SHEETING INSPECTION.
11. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following: 20' front, 15'
rear, and 5' sides. SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR
REVIEW AND APPROVAL PRIOR TO THE POURING OF FOUNDATIONS.
12. The approved project shall maintain 24%, but in no case shall exceed 40% maximum lot
coverage.
13. The Ficus/Carob tree in the rear yard (behind the Eucalyptus tree) of the subject
property shall be removed and the Ficus/Carob tree in the front yard shall be laced prior
to Building Permit issuance. The lacing of the Ficus/Carob tree in the front yard shall be
maintained annually.
P.C. Resolution No. 2007-02
Page 4 of 4