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PC RES 2007-014 P.C. RESOLUTION NO. 2007-14 A RESOLUTION OF THE PLANNING COMMISSION THE CITY OF RANCHO PALOSVERDES UPHOLDINGTHE DIRECTOR'S DECISION TO ALLOW, WITH CONDITIONS, THE N T CTI N OF A NEW 3,326 SQUARE FOOT SINGLE-FAMILY RESIDENCE AT A MAXIMUM HEIGHT OF 15-FEET, S MEASURED FROM THE INT WHERE THE LOWEST FOUNDATION ME TS GRADE (385') TO THE HIGHEST ROOF RIDGELINE (400') ON AN UNIMPROVED LOT LOCATED T 30065 VIAVICTORIA(LOT 13 OF TRACT . 5 6). WHEREAS, on September 4, 2001,the City Council adopted Resolution No. 2001- 70 making certain environmental findings in association with Mitigated Negative Declaration / Environmental Assessment No. 708, and adopted Resolution No. 2001-71 approving,with conditions, Tentative Tract Map No. 52666 and Grading Permit No.2282 to allow the land division of a 3.92 acre lot into thirteen (13) residential lots in the City's designated RS-4 zoning district; and, WHEREAS, on March 4, 2003 the City Council authorized the recordation of Final Tract Map No. 52666; and, WHEREAS, on February 12, 2004,Tract Map No. 52666 was recorded with the Los Angeles County Recorder's Office and on April 19, 2004 the project related grading began; and, WHEREAS, on October 26, 2005, Planning Case No. ZON2005-00554 (Site Plan Review with Neighborhood Compatibility) was submitted to the Planning Department to allow the construction of a new single-family residence on Lot 13 of Tract Map No. 52666 (30065 Via Victoria); and, WHEREAS, on August 28, 2006, the application for Planning Case No. ZON2005-00554 was deemed complete by Staff; 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, Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), and the City Council adopted Mitigated Negative Declaration for the subject Tract, Staff found that the approval of the proposed residence on Lot 13 of Tract Map No. 52666 will not introduce new environmental impacts or intensify previously identified impacts, as stated in the City Council Adopted mitigated Negative Declaration; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Municipal Code, the Director of Planning, Building and Code Enforcement approved,with conditions, Planning Case No. ZON2005-00554 to allow the construction of a new single-family residence on Lot 13 of Tract Map No. 52666; and, WHEREAS, on November 23, 2006, an appeal was filed with the City by the property owners residing at 7231 Rue Godbout(Mr. and Mrs. Hafix Arafat)and 30034 Via Victoria (Mr. and Mrs. Timothy McElroy) requesting that the Planning Commission overturn the Director's decision; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on February 27, 2007, at which time all interested parties were given an opportunity to be heard and present evidence regarding the appeal. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the requested Site Plan Review Permit with the Neighborhood Compatibility Finding to allow the construction of a new 3,326 square-foot single-family residence at a maximum height of 15-feet: A. The proposed residence is compatible with the character of the immediate neighborhood in terms of scale, total structure size, and lot coverage in that the residence will be a single-story structure, at a maximum height of 15-feet, in a neighborhood that is comprised of one-story and two-story structures. The proposed residence will be 3,326 square feet, in a neighborhood that has an average structure size of 3,084 square feet,with the largest home in the immediate neighborhood being 4,948 square feet. Additionally, the proposed residence is 2,124 square feet less than the maximum structure size permitted (5,450 square feet) by the tract conditions approved by the City Council and the proposed lot coverage is 46.2% in an RS-4 zoning district that permits a maximum 50% lot coverage. B. The proposed residence is compatible with the character of the immediate neighborhood with respect to architectural style, structure height, open space, roof design, bulk and mass, number of stories, and building material in that the residence will be a one-story home designed to resemble a Mediterranean/Spanish Colonial Revival architectural style in a neighborhood that has varying architectural styles, including that which is similar to the proposed residence. The proposed residence incorporates design elements found throughout the immediate neighborhood, including a smooth stucco fagade, a stone veneer finish, earth tone colors, wood windows and doors, moldings and keystones, wrought iron accents, and terra cotta colored roof tiles. The roof will be constructed at a 3:12 pitch, and will be one-story, built at a maximum height of 15-feet, as measured from the point P.C. Resolution No. 2007-14 Page 2 of 8 where the lowest foundation meets grade (385')to the highest roof ridgeline (400'). The proposed residence complies with the Council adopted tract conditions that limit the structure's height to a maximum elevation of 400-feet and a project condition ensures that the structure's height does not exceed the 400-foot elevation to protect views from neighboring properties and to soften the visual appearance of the structure from the street. C. The proposed residence is compatible with the immediate neighborhood in terms of front, side and rear yard setbacks in that the residence is situated at or exceeds the minimum setbacks for the neighborhood's RS-4 zoning designation and meets the setback requirements stated in the Council adopted tract conditions. Furthermore, the proposed residence is setback an additional 10-feet from the front property line to allow for the driveway and additional landscaping. Section 2® Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.60.060 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following February 27, 2007, 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 records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby denies the appeal and upholds the Director's decision approving, with conditions, Planning Case No. ZON2005-00554 (Site Plan Review with the Neighborhood Compatibility Finding) to allow the construction of a new, 3,326 square foot single-family residence at a maximum height of 15-feet, as measured from the point where the lowest foundation meets grade (385') to the highest roof ridgeline (400') on property located at 30065 Via Victoria, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2007-14 Page 3 of 8 PASSED, APPROVED, AND ADOPTED this 27th day of February 2007, by the following vote: AYES: Chairman Knight, Vice-Chairman Gerstner,,,-and Commissioner Karp NOES: Commissioner Lewis ABSTENTIONS: Commissioner Ruttenberg Co ABSENT: commissioners Ferestam and Tetreault m7K n' CM hairan Joel 0)4, AICP ,t( Direc Planni�)Building and Cd Enforcement;Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2007-14 Page 4 of 8 EXHIBIT "All CONDITIONS APPROVAL CASE NO. 2 -00554 (SITE PLAN REVIEWIT EI H H COMPATIBILITY) GENERAL 1. 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 six (6) months from the date of approval by the City, unless the approved plans are submitted to the Building and Safety Division to initiate the "pian check" review process. 3. All mitigation measures contained in the adopted Mitigated Negative Declaration (Resolution No. 2001-70) shall be incorporated into the implementation of the proposed project and adhered to, and are incorporated herein by reference. 4. All tract conditions as adopted by the City Council, as set forth in Resolution 2004- 90, shall remain in full force and effect. 5. The applicant shall be responsible for all costs incurred in the review of plans or monitoring of construction related activities, as described herein. 6. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. 7. In the event that a Planning requirement and a Building &Safety requirement are in conflict with one another, the stricter standard shall apply. 8. All applicable permits required by the Building and Safety Division shall be obtained by the applicant. 9. All applicable soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant, and reviewed and approved by the City's Geotechnical Consultant prior to grading or building permit issuance. 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. P.C. Resolution No. 2007-14 Page 5 of 8 11. The project silhouette shall be removed no later than seven (7)calendar days after the expiration of the appeal period, unless an appeal is filed with the City. 12. The construction site and neighboring 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 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. 13. The project site shall be securely enclosed with a temporary construction fence, not to exceed six (6) feet in height, during the duration of construction. Said fencing shall be removed prior to issuance of the Certificate of Occupancy by Building and Safety. GRADING 14. No grading is proposed under this project application. Future grading for the subject lot shall be limited to a maximum of 20 cubic yards (combined cut and fill)and shall not exceed a maximum height of cut or fill of 2'-11", unless an amendment to the tract conditions for grading is considered by the City. 15. The existing and future retaining walls, approved as part of the overall tract grading, shall be finished in earth tone colors matching the main building's facade and shall be screened with landscaping to the satisfaction of the Director of Building, Planning, and Code Enforcement. MISCELLANEOUS 16. The residence shall not exceed a total of 3,326 square feet, including habitable and non-habitable floor area. A SQUARE FOOTAGE CERTIFICATION PREPARE Y A REGISTERED SURVEYOR INDICATING THAT THE NEW RESIDENCET EXCEED TOTAL F 3,326 SQUARE FEET, SHALL BE SUBMITTEDTO THE BUILDING AND SAFETY DIVISION, AFTER THE FIRST FLOOR SHEATHING. 17. The lot coverage requirement for the subject property located in the RS-4 zoning district shall not exceed 50%. The proposed Lot Coverage is 46.2%. 18. The proposed one-story structure shall not exceed 15 feet in height as measured from the lowest finished grade covered by structure (385') to the highest roof ridgeline (400'). The highest roof ridgeline, including architectural features,shall not exceed an elevation height 400-feet. BUILDING HEIGHT CE TIFIC TI , PREPARED BY A REGISTERED P.C. Resolution No. 2007-14 Page 6 of 8 ENGINEER, H LL BE SUBMITTED TO THE BUILDING AND SAFETY DIVISION, 1 TO THE F SHEATHING INSPECTION. 19. All architectural features located on the roof shall not exceed an elevation height of 400-feet. 20. The proposed chimney stacks shall be reduced in size and shall not exceed the minimum height requirement set forth in the Uniform Building Code. The revised chimney stacks shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to Plan Check submittal. 21. A separate planning approval shall be obtained for the future location of a pool/spa and related mechanical equipment. 22. The following minimum setbacks shall be maintained for the proposed residence: Front Yard: 20'-0" minimum (proposed: 30'-0") Rear Yard: 15'-0" minimum (proposed: 15'-0") Side Yard (north): 10'-0" minimum (proposed: 10'-0") Side Yard (south): 10'-0" minimum (proposed: 15'-0") SETBACK CERTIFICATION SHALL BE PREPAREDY A LICENSED SURVEYOR NSUBMITTED TO THE BUILDING AND AF TY DIVISION, INDICATING COMPLI NC ITH THE APPROVED SETBACKS PRI TO A FOUNDATION INSPECTION. 23. The proposed rear yard trellis shall be redesigned to be outside the rear yard setback limits prior to submittal to Building and Safety Plan Check. 24. A minimum of a two car garage shall be maintained at all times with a minimum depth of twenty (20) feet, a minimum width of eighteen (18) feet and a minimum vertical clearance of seven (7) feet, as measured from the interior finished walls (proposed: two-car). 25. The proposed driveway shall not exceed a maximum gradient of 20%, as required by the City's Development Code. 26. Prior to the issuance of a Certificate of Occupancy for the subject residence, the project applicant shall correct the "dip" between the driveway approach and the street (Via Victoria) in accordance to the street improvement plans reviewed and approved by the City's Department of Public Works. 27. The proposed residence shall be finished in an earth tone color, as deemed acceptable by the Director of Planning, Building, and Code Enforcement, prior to the Certificate of Occupancy by Building and Safety. P.C. Resolution No. 2007-14 Page 7 of 8 28. The final architectural features shall be reviewed and approved by the Director of Planning, Building, and Code Enforcement prior to the issuance of grading or building permits. 29. The trash enclosure shall be visibly screened from neighboring properties and the public right-of-way prior to issuance of the Certificate of Occupancy by Building and Safety. 30. All mechanical equipment, including but not limited to air conditioning condenser units, shall be no closer than three (3) feet from the interior side and rear property lines and shall not exceed 6' in height. Said equipment shall be adequately screened from the neighboring properties and the right of way. If said mechanical equipment is 3-feet from property line,then said mechanical equipment needs noise analysis to show it is less than 65dba. 31. No mechanical equipment shall be permitted on the roof. 32. All foliage on private lots shall be maintained not to exceed an elevation of 400-feet and so not to create a significant view impairment from surrounding properties in accordance to Section 17.02.040 of the Rancho Palos Verdes Municipal Code. 33. No solid walls shall be located along the street property line (Via Victoria). Fencing located along the street property line (Via Victoria) shall not exceed 42-inches in height and shall be 80% open to light and air. 34. Prior to issuance of grading permits, the property owner shall obtain approvals by the City of an Urban Stormwater Plan that is in conformance with the requirements of the National Pollutant Discharge Elimination System (NPDES). 35. No outdoor lighting shall be permitted that is directed towards a parcel of property other than that upon which such light source is physically located. Additionally, no lighting shall be permitted where the light source or fixture, if located on a building, above the line of the eaves, or if located on a standard or pole, more than ten (10) feet above grade. Individual, non-reflector, incandescent light bulbs shall not exceed 150 watts per bulb or an aggregate of 1,000 watts for a lot. P.C. Resolution No. 2007-14 Page 8 of 8