CC RES 2007-018 RESOLUTION NO. 2007-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DENYING THE APPEAL OF THE PLANNING COMMISSION'S
DECISION TO ALLOW THE CONSTRUCTION OF A 4,280 SQUARE FOOT NEW
RESIDENCE IN REPLACEMENT OF THE EXISTING, FIRE-DAMAGED, 3,946
SQUARE FOOT RESIDENCE AND DENYING THE APPEAL REGARDING VIEW
IMPAIRMENT CAUSED BY EXISTING FOLIAGE.
WHEREAS, on November 15, 2006, the Director of Planning, Building, and Code
Enforcement approved a Site Plan Review (ZON2006-00370)application to allow the construction of
a new 4,280 square foot residence to replace an existing, fire-damaged, 3,946 square foot
residence;
WHEREAS, on January 24, 2007, Lemuel Paul and Irene Mathews submitted a timely
appeal that requested the Planning Commission to overturn the Director's approval of the Site Plan
Review application on the basis that the design of the new residence is not compatible with the
existing neighborhood; and,
WHEREAS, on January 9, 2007, the Planning Commission determined that the design of the
new residence is compatible with the immediate neighborhood and adopted P.C. Resolution No.
2007-02, denying the appeal and upholding the Director's decision, thereby approving the Site Plan
Review. In making their decision the Planning Commission amended condition No.13 of `Exhibit A'
requiring the applicant to remove the Carob/Ficus tree located behind the Eucalyptus tree and lace
the Carob/Ficus tree in the front yard; and,
WHEREAS, on January 23, 2007, the property owner of 4 La Vista Verde (Jason Hung)
submitted a timely appeal requesting the City Council overturn the Planning Commission's decision
related to condition No. 13 of `Exhibit A' and modify said condition to require the removal of two
Ficus/Carob trees on the subject property (58 Avenida Corona) due to significant view impairment;
and,
WHEREAS, on January 24, 2007, the property owners of 57 Avenida Corona (Lemuel Paul
and Janet Irene Mathews) submitted a timely appeal requesting the City Council to overturn the
Planning Commission's decision of the Site Plan Review on the grounds that the roofline of the
proposed new residence (58 Avenida Corona) is not compatible with the immediate neighborhood
and causes significant view impairment; 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 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); and,
WHEREAS, on February 20, 2007, after notice issued pursuant to the provisions of the
Development Code, the City Council held a public hearing to consider the appeals to the Site Plan
Review decision, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved Site Plan Review includes a 4,280 square-foot, single-
story new residence to replace the existing, fire-damaged, single-story, 3,946 square-foot residence.
Section 2: That the Hung's appeal, which requested removal of the remaining
Ficus/Carob tree in the front yard is not warranted, because the remaining tree does not significantly
impair the view from 4 La Vista Verde. There were originally two Ficus/Carob trees on 58 Avenida
Corona property. In response to the Planning Commission's decision, the applicants removed one
tree and trimmed/laced the other tree as required by the Planning Commission's determination on
January 9, 2007. Removing one tree and trimming/lacing the other tree eliminated the significant
impairment of the view from 4 La Vista Verde. Accordingly, the City Council hereby denies the
Hung's appeal and affirms the Planning Commission's decision to allow the remaining Ficus/Carob
tree to require that it remain and to be trimmed periodically.
Section 3: That the Mathews' appeal is not warranted, since the roof design of the
proposed new residence is compatible with what exists in the immediate neighborhood because
there are single-story residences with pitched roofs that are similar to the proposed new residence
within that neighborhood. Therefore, the proposed roof style is compatible with other homes in that
neighborhood. Further, the proposed structure is a replacement of an existing home and will be
placed in the same relative location, orientation, and design of the original dwelling with only a 334
square foot addition. As such, the new residence is compatible with the immediate neighborhood.
In addition, the overall height of the approved new structure will increase to the maximum allowed
by-right height of 16'/20', which complies with the requirements of Title 17 of the Rancho Palos
Verdes Municipal Code, which does not require a view analysis. For all of these reasons, the
Mathews' appeal is hereby denied.
Section 4: For the forgoing reasons, and based on information and findings contained in
the public record, including the staff reports, minutes, records of proceedings, and evidence
presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby denies
the Mr. Mathews' appeal to modify the proposed roofline of the new residence and denies Mr.
Hung's appeal and affirms the Planning Commission's decision , subject to the Planning
Commission's approved conditions that are set forth in `Exhibit A,' which is attached hereto and
incorporated herein by this reference, and are necessary to protect the public health, safety and
general welfare. Except as expressly modified by this resolution, all other conditions of approval that
have been imposed on this project shall remain in effect.
PASSED, APPROVED AND ADOPTED this 20th day of Feb .. 2007.
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4.. /
Mayor
Attest:
All.f/ /_‘ ,&A.20,0, /,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2007-18 was duly and regularly passed and adopted by the said City Council at a
regular meeting held on February 20, 2007. `
o__ L &J1Ji1
City Clerk
Resolution No. 2007-18
Page 2of2
Exhibit"A"
Conditions of Approval
Case No. ZON2006-00370 (Site Plan Review)
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.
9. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
Resolution No.2007-18
Exhibit A
Page 1 of 2
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 (16'/20'),
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. Accordingly, the City Council hereby denies the Hung's appeal and affirms the
Planning Commission's decision to allow the remaining Ficus/Carob tree to remain
on the property and to require that it be laced at least once annually.
Resolution No.2007-18
Exhibit A
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