PC RES 2011-029 P.C. RESOLUTION NO. 2011-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION, MINOR EXCEPTION
PERMIT AND SITE PLAN REVIEW (PLANNING CASE
NO. ZON2011-00016) FOR 1ST- AND 2ND-STORY
ADDITIONS;A REDUCTION IN THE 20-FOOT FRONT-YARD
SETBACK FOR A PORTION OF THE 2ND-STORY ADDITION;
AND AN ENTRY PORTICO, TWO (2) BOW WINDOWS, AN
AT-GRADE VIEWING DECK, ADDITIONAL HARDSCAPE
AND 6 CUBIC YARDS OF RELATED GRADING IN THE
REAR YARD OF AN EXISTING, 2-STORY SINGLE-FAMILY
RESIDENCE, LOCATED AT 30439 CALLE DE SUEROS
WHEREAS, on January 25, 2011, the applicant, Nazir Khaja, submitted an
application for Planning Case No. ZON2011-00016 for a Height Variation, Minor Exception
Permit and Site Plan Review to allow the construction of 1- and 2-story additions to an
existing, 2-story single-family residence on Calle de Suenos in the Monte Verde
community; and,
WHEREAS, on April 29, 2011, the application for Planning Case No. ZON2011-
00016 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, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that the approval of the requested Height Variation,
Minor Exception Permit and Site Plan Review would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15301); 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 June 14, 2011, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on June 14, 2011, the Planning Commission reviewed the applicant's
initial proposal for 805-square-foot 1 st- and 2nd-floor additions and the reduction of the 20-
foot front-yard setback for portions of the 2nd-floor additions and new entry portico and
Staff's recommendation of denial without prejudice on the basis of view impairment,
neighborhood incompatibility and the inability to make the necessary findings to grant the
minor exception for the new entry portico; directed the applicant to re-design the project to
address the view impairment and neighborhood compatibility issues; agreed with the
applicant to a 90-day extension of the decision deadline under the Permit Streamlining Act;
and continued the public hearing in this matter to August 23, 2011; and,
WHEREAS, on July 11, 2011, the applicant submitted revised project plans that
shifted the 2nd-story master bathroom addition from the northerly side of the house to the
rear of the house; reduced the size of the 2nd-story addition; lowered the overall height of
the 2nd-story addition by eight inches (8"); and modified the entry porticato comply with the
20-foot front-yard setback requirement; and,
WHEREAS, on August 23,2011, the Planning Commission reviewed the applicant's
revised proposal for 760-square-foot 1St-and 2"d-story additions with a relocated 2nd-story
master bathroom, reduced overall building height and modified entry portico setback; and
continued the public hearing in this matter to September 13, 2011, so that members of the
Planning Commission could visit the property at 30402 Calle de Suenos to observe the
view impacts of the revised proposal from the viewing area inside the house; and,
WHEREAS, on September 13, 2011, the Planning Commission again considered
the applicant's revised proposal, in light of the Planning Commissioner's site visits to the
property at 30402 Calle de Suenos.
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 application for a Height Variation to allow the construction of 1St- and 2nd-
story additions not exceeding 760 square feet in size to the existing, 3,147-square-foot, 2-
story single-family residence on the subject property:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City. Property owners' acknowledgement signatures were
obtained from 72% of the property owners within a 100-foot radius of the subject
property and 26% of the property owners within a 500-foot radius of the subject
property. This is consistent with the requirement established by the City's Height
Variation Guidelines.
B. The proposed new structure that is above sixteen feet in height or an addition to an
existing structure that is above sixteen feet in height does not significantly impair a
view from public property (parks, major thoroughfares, bikeways, walkways or
equestrian trails), which has been identified in the City's General Plan or Coastal
Specific Plan, as City-designated viewing areas. The subject property is not directly
overlooked by any park, major thoroughfare, bikeway, walkway or equestrian trail
identified in the City's General Plan as a City-designated viewing area. In addition,
the property is not located in the City's coastal zone. As such, the proposed project
on the subject property cannot significantly impair a view from any public vantage
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point.
C. The proposed structure is located on a ridge. However,the location of the proposed
project on a ridge does not have an adverse impact upon public views. There are
no public parks that either overlook or are overlooked by the subject property. With
respect to public roadways, the proposed project is visible from the 30400- and
30500-blocks of Calle de Suenos, the 30400-block of Via Rivera and the 30400-
block of Avenida de Calma. The proposed project has little or no impact upon views
from these public roadways. Similarly, the proposed project is not readily visible
from any designated viewing area identified in the City's General Plan.
The location of the proposed project on a ridge is not unduly prominent in relation to
the height of the project. The project site sits on a building pad located roughly
seventy feet (70) above the abutting residences in the 30400-block of Via Rivera.
There is a steep ascending slope from these residences to the building pad of the
subject property. Currently, the single-story residence is set back sixty-seven feet
(67') from the top of this slope. The height of the proposed 1St- and 2nd-story
addition exceeds the 16-foot"by right" height limit by roughly nine feet three inches
(9'-3") and would encroach to within roughly fifty-three feet (53') of the top of the
slope. There is also an existing 2-story residence located to the immediate south of
the subject property. Since the overall height of the project is just over one-third (Y3)
the height of the ascending slope, the Planning Commission finds that the location
of the proposed project on a ridge does not result in a project which is excessively
prominent in relationship to the ridge.
D. The proposed new structure that is above sixteen feet in height, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing
area of another parcel. The kitchen and breakfast room of the residence at 30402
Calle de Suenos have a southwesterly view across Calle de Suenos of the distant
ocean and horizon over the existing rooflines of the 1-story houses at 30423 Calle
de Suenos and 30429 Calle de Suenos, which view is "bookended" by the existing
2-story residence on the subject property at 30439 Calle de Suenos and an existing
2-story residence at 30415 Calle de Suenos. From the viewing area,the temporary
silhouette is visible and the portion above the 16-foot height limit blocks a view of
ocean and horizon at the left side of the view frame. Although the City's
Development Code and Height Variation Guidelines identify this far view as
protected, the Planning Commission finds that the degree of view impairment
resulting from the revised project is less-than-significant, as seen from the viewing
area at 30402 Calle de Suenos.
E. View impairment exists from the viewing area of another parcel and has been
determined not to be significant, but the proposed new structure that is above
sixteen feet in height is designed and situated in such a manner as to reasonably
minimize impairment of this view. The portion of the proposed project that is above
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sixteen feet (16'-0") in height results in less-than-significant impairment of the view
from the viewing areas at 30405 Avenida de Calma and 30402 Calle de Suenos.
However, the Planning Commission finds that the 8-inch reduction in the overall
height of the revised project minimizes the less-than-significant view impairment
from 30405 Avenida de Calma. Similarly, the Planning Commission finds that the
revised location of the 2"d-story master bathroom addition minimizes the less-than-
significant view impairment from 30402 Calle de Suenos.
F. There is no significant cumulative view impairment caused by granting the
application. There are two 1-story residences located on the west side of Calle de
Suenos in the immediate neighborhood, both of which are visible (exclusive of
existing foliage) within the view from the property at 30402 Calle de Suenos.
Additions of a similar size and height to that of the revised proposal for the subject
property might be proposed for these nearby properties. However, if such additions
were constructed, the Planning Commission finds that the cumulative impact of
these potential future additions and the revised addition would all be less than
significant.
G. The proposed structure complies with all other Code requirements. For the most
part, the revised project complies with the RS-3 district development standards with
respect to lot coverage and setbacks. A Minor Exception Permit has been
requested for a 20-percent reduction in the front-yard setback for a portion of the
2nd-story addition above the garage. The existing 3-car garage exceeds the
minimum off-street parking required for the project, and the project proposes far
less than the maximum 45-percent lot coverage permitted in the RS-3 zoning
district. Therefore, if the related Minor Exception Permit is approved concurrently,
the Planning Commission finds that the revised project complies with all other Code
requirements.
H. The proposed structure is compatible with the immediate neighborhood character.
The proposed residence would now be the second largest home in the immediate
neighborhood, falling toward the high end of the range of existing home sizes. The
size of the subject property is larger than the neighborhood average, although a
substantial portion of the property is unbuildable due to the existing storm drain
easement and the steep slope at the rear of the lot. As a result of this, however,the
proposed lot coverage is also far below the maximum 45-percent coverage
permitted in the RS-3 zoning district. The neighborhood was developed as a tract in
the early 1970s, and exhibits a range of contemporary and traditional architectural
styles (i.e., ranch, split-level, etc.) and exterior finishes that were common at that
time. Many of the surrounding residences retain at least some (if not all) of these
original architectural features. Although the overall"Italianate"style of the proposed
residence is somewhat more contemporary than that of the surrounding homes,the
proposed project does incorporate some of the materials found in the immediate
neighborhood (i.e., the roof, stucco exterior, wood and wrought-iron accents and
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trim, etc.). With respect to bulk and mass,the revised project has reduced the size
of the second floor footprint and has eliminated a 2-story fagade facing toward
30429 Calle de Suenos. Furthermore, the proposed setbacks of the revised project
are generally consistent with the pattern of development in the surrounding
neighborhood.
I. The proposed structure does not result in an unreasonable infringement of privacy
of the occupants of abutting residences. The four (4) residences abutting the
subject property are located at 30429 Calle de Suenos, 30505 Calle de Suenos,
30442 Via Rivera and 30452 Via Rivera. The upper-level north and south facade
facing 30429 Calle de Suenos includes clerestory windows that will not provide
opportunities for views of the abutting property. At its closest point, the balcony to
the rear would be located nine feet ten inches (9'-10") from the side property line
and roughly twenty-four feet (24') from the residence at 30505 Calle de Suenos.
The master bedroom and bathroom do not constitute main living areas of the
residence, but the proposed balcony could be used as a gathering space and
viewing area. Existing foliage on the subject property along the common side
property line currently provides visual screening of the rear porch and yard areas at
30505 Calle de Suenos, and shall be retained to provide privacy screening. The
rear yards of the homes at 30442 Via Rivera and 30452 Via Rivera are roughly
seventy feet (70') below the pad elevation of the subject property, and located
roughly one hundred seventy-four feet (174') from the closest portion of the
proposed residence on the subject property. As such, the rear yards of these
abutting homes are already visible from the project site. Therefore,the windows on
the west fagade will not cause additional privacy impacts. Given the large existing
vertical and horizontal distances between the subject property and these downslope
residences,the Planning Commission finds that the proposed 2nd-story addition will
not create significantly more privacy infringement than may already exist with the
existing 2-story residence on the subject property.
Section 2: The Planning Commission makes the following findings of fact with
respect to the application for a Minor Exception Permit to allow a 20-percent reduction in
the 20-foot front-yard setback requirement for a portion of the 2nd-story additions above the
garage:
A. The requested minor exception to allow a 20-percent reduction in the 20-foot front-
yard setback for a portion of the 2nd-story addition above the garage is warranted by
practical difficulties and unnecessary hardships. The applicant has "notched" the
corner of the southerly front bedroom so that the additional square footage
proposed maintains a 16-foot setback from the front property line. Although this
"notch"could be deepened to provide a 20-foot setback,this would lead to an oddly-
shaped room in which it could be awkward to place a bed and other furniture,which
the Planning Commission finds to be a practical difficulty. Furthermore, a portion of
the area to be enclosed for the 2"d-story addition is an existing roof deck in the
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southerly side yard that is above a portion of the existing 3-car garage. Bringing this
corner of the house into compliance with the 20-foot front-yard setback requirement
would involve costly structural modifications to the existing garage, which the
Planning Commission finds to be an unnecessary hardship.
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for Site Plan Review to allow the construction of an entry portico,
two(2) bow windows, an at-grade viewing deck, additional hardscape and minor grading in
the rear yard of the residence:
A. The entry portico, bow windows, at-grade viewing deck, additional hardscape and
minor grading in the rear yard comply with the development standards for the RS-3
zoning district. Therefore, the Planning Commission approves the requested Site
Plan Review.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.02.040(C)(1)(j),
17.66.060 and 17.80.050 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
fifteen (15) days following September 13, 2011, the date of the Planning Commission's
final action.
Section 5: 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 conditionally approves a Height
Variation, Minor Exception Permit and Site Plan Review (Planning Case No. ZQN2011-
00016) for 1St- and 2nd-story additions that does not exceed 760 square feet in size; a
reduction in the 20-foot front-yard setback for a portion of the 2nd-story addition; and an
entry portico, two (2) bow windows, an at-grade viewing deck, additional hardscape and 6
cubic yards of related grading in the rear yard of an existing, 2-story single-family
residence, located at 30439 Calle de Sueflos, subject to the conditions of approval in the
attached Exhibit 'A'.
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PASSED, APPROVED, AND ADOPTED this 13 th day of September 2011, by the
following vote:
AYES: Commissioners Leon, Lewis, Vice Chairman Tetreault, Chairman Tomblin
NOES: Commissioner Knight
ABSTENTIONS: None
ABSENT: Commissioner Emenhiser, Gerstner
RECUSALS: None
David L. Tomblin
Chairman
Joel Roj s, icP
Comm nity evelop e t Director; and,
Secret t the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2011-00016
(Khaja, 30439 Calle de Suenos)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check,the applicant and
the 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
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified,all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for 1- and 2-story additions to an existing, 3,147-square-foot, 2-
story single-family residence, which shall not exceed 760 square feet in size; a
reduction in the 20-foot front-yard setback for a portion of the 2nd-story addition;and
an entry portico, two (2) bow windows, an at-grade viewing deck, additional
hardscape and six cubic yards (6 CY) of related grading in the rear yard. The
Community Development Director is authorized to make minor modifications to the
approved plans and any of the conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the approved
plans and conditions. Otherwise, any substantive change to the project shall require
approval of a revision to the Height Variation, Minor Exception Permit and/or Site
Plan Review by the Planning Commission and shall require new and separate
environmental review.
4. The proposed addition depicted on the plans presented to the Planning Commission
on September 13, 2011 shall be modified so that no portion of the proposed
addition (including roof eaves) extends to the right of the "limit line" depicted in the
photograph attached as Exhibit `B'. The determination of whether the modified
project adheres to this condition shall be made by the Director and the Director's
decision shall be appealable to the Planning Commission.
5. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-3 district
development standards of the City's Municipal Code.
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6. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
7. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless, prior
to expiration, a written request for extension is filed with the Community
Development Department and approved by the Director. Otherwise, a Height
Variation, Minor Exception Permit and/or Site Plan Review revision must be
approved prior to further development.
8. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department,the stricter standard
shall apply.
9. Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City which are
determined by the Director to be in conformance with condition no. 4.
10. The construction site and adjacent public and private properties and streets 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.
11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday,with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. 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.
Height Variation Conditions:
11. This approval is for 1- and 2-story additions to an existing, 2-story, single-family
residence that shall not exceed 760 square feet in size. BUILDING AREA
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to building permit final.
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12. The maximum ridgeline of the approved project is 126.50'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
13. The existing foliage along the southerly property line abutting 30505 Calle de
Suenos shall be maintained by the applicant at a sufficient density and height so as
to provide privacy screening from the new, 2nd-story balcony at the rear of the
house, to the satisfaction of the Community Development Director.
Minor Exception Permit Conditions:
14. The approved additions shall maintain setbacks of 16' front (2nd-story above
garage), 174' rear (53' from top of slope), 7.17' north side and 5' south side.
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
Site Plan Review Conditions:
15. The approval is for a covered entry portico, two (2) bow windows, an at-grade
observation deck and miscellaneous hardscape in the rear yard. Said
improvements shall maintain minimum property line setbacks of 20' front, 5' sides
and 15' rear.
16. The approved project shall maintain a maximum of 45% lot coverage (29%
proposed). Maximum hardscape coverage within the 20-foot front-yard setback
area shall not exceed 50%.
17. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20' in depth, with minimum 7' vertical clearance.
18. Six (6) cubic yards of minor grading are permitted in conjunction with the at-grade
observation deck and miscellaneous hardscape in the rear yard. No construction
shall be permitted on any slope of 35-percent steepness or greater(i.e., an extreme
slope).
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