PC RES 2007-066 P.C. LUTI 2007-66
®
RESOLUTION F THE PLANNING COMMISSION F THE CITY OF
RANCHO PALOS VERDESAPPROVING P L TO OVERTURN
THE DIRECTOR'S APPROVAL, THEREBY ENYIN WITHOUT
PREJUDICE CAS . Z 2007-0 143, A SITE PLAN REVIEW
NEW 5,998 SQUAREFOOT LIT-LVL RESIDENCE ON A VACANT
LOT LOCATED T 30057 VIA VICTORIA (LOT 12, TRACT 2666).
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 March 27, 2007, a Site Plan Review application (hereinafter referred
to as Case No. ZON2007-00143) was submitted to allow the construction of a new split-
level single-family residence on Lot 12 of Tract Map No. 52666 (30057 Via Victoria); and,
WHEREAS, upon the submittal of additional information Case No. ZON2007-00143
was deemed complete by Staff on July 10, 2007; 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 12 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, on September 7, 2007, the Director of Planning, Building and
Code Enforcement reviewed Case No. ZON2007-00143 and conditionally approved said
Case, and a Notice of Decision was prepared and distributed to all interested parties; and,
WHEREAS, on September 25, 2007,within fifteen (15)days following the Director's
Notice of Decision, Peter Rustin, representing the appellants, Andrew and Melanie
Mottram, filed an appeal to the Planning Commission requesting that the Planning
Commission modify the Director's approval and cause the height of the proposed
residence to be reduced by three feet, so as to preclude any potential view impairment of
the Mottrams' residence; 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 November 13, 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 OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The 5,998 square foot split-level single-family residence will not be
compatible with the immediate neighborhood with regards to height and size of the
proposed residence. The resulting structure size deviates from the sizes evident in the
immediate neighborhood, where the structure will be 2,798 square feet larger than the
average structure size in the immediate neighborhood.
Section 2: For the foregoing reason 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 without prejudice Case No.
ZON2007-00143 for a Site Plan Review application for new 5,998 square foot split-level
single-family residence on a vacant parcel.
Section 3: 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 December 12, 2007.
P.C. Resolution No. 2007-66
Page 2
PASSED, APPROVED, AND ADOPTED this 27th
day of November 2007, by the following
vote:
AYES: Gerstner, Karp, Knight, Lewis, Perestam, Ruttenberg
NOES: None
ABSTENTIONS: None
ABSENT: Tetreault
RECUSALS: None
BiIT6ersfn'er
Planning Commission Chairman
Joelof s, A[
DireW
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of
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to nni g, Building and
r
Cod nforce nt; and, Secretary
to the Planning Commission
P.C. Resolution No. 2007- 66
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