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
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CM
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Joel 0)4, AICP
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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
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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
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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
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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
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