CC RES 2007-039 RESOLUTION NO. 2007-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES UPHOLDING THE PLANNING COMMISSION'S APPROVAL TO
ALLOW, WITH CONDITIONS, 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 AN UNIMPROVED
LOT LOCATED AT 30065 VIA VICTORIA (LOT 13 OF TRACT NO. 52666).
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. After considering all public testimony,
the Planning Commission upheld the Director's decision and approved the proposed
project; and,
WHEREAS, on March 12, 2007, an appealed was filed by the neighboring property
owners residing at 7231 Rue Godbout (Mr. and Mrs. Hafix Arafat), 30034 Via Victoria (Mr.
and Mrs. Timothy McElroy), and 30020 Via Victoria (Mr. and Mrs. Richard Sittel) requesting
that the City Council overturn the Planning Commission's decision; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly-noticed public hearing on April 17,
2007, at which time all interested parties were given an opportunity to be heard and present
evidence regarding the appeal.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: The City Council 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 façade, 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 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
Resolution No. 2007-39
Page 2 of 3
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: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council of
the City of Rancho Palos Verdes hereby denies the appeal and upholds the Planning
Commission'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'.
PASSED, APPROVED, AND ADOPTED this 17thii5a f Atiril 2007.
Mayor
Attest:
&414IL
r
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, do hereby
certify that the above Resolution No. 2007-39 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on April 17, 2007.
City Clerk
Resolution No. 2007-39
Page 3of3
RESOLUTION NO. 2007-39 - EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. ZON2005-00554
(SITE PLAN REVIEW WITH NEIGHBORHOOD 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 "plan 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, tract map condition, 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.
Resolution No. 2007-39
Exhibit A
Page 1 of 4
11. The project silhouette shall be removed no later than seven (7) calendar days
following the date of this decision.
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 PREPARED BY A REGISTERED
SURVEYOR INDICATING THAT THE NEW RESIDENCE DOES NOT EXCEED
A TOTAL OF 3,326 SQUARE FEET, SHALL BE SUBMITTED TO 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 of 400-feet.
Resolution No. 2007-39
Exhibit A
Page 2 of 4
A BUILDING HEIGHT CERTIFICATION, PREPARED BY A REGISTERED
ENGINEER, SHALL BE SUBMITTED TO THE BUILDING AND SAFETY
DIVISION, PRIOR TO THE ROOF 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 redesigned and reduced in height subject
to review and approval 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")
A SETBACK CERTIFICATION SHALL BE PREPARED BY A LICENSED
SURVEYOR AND SUBMITTED TO THE BUILDING AND SAFETY DIVISION,
INDICATING COMPLIANCE WITH THE APPROVED SETBACKS PRIOR 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.
Resolution No. 2007-39
Exhibit A
Page 3 of 4
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 this lot shall be maintained not to exceed an elevation of 400-feet
as required by Condition No. 13 (Development Standards for Individual Lots) of
Tract Map No. 52666.
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.
Resolution No. 2007-39
Exhibit A
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