PC RES 2014-022 P.C. RESOLUTION NO. 2014-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT
VARIATION & SITE PLAN REVIEW FOR A 362 SQUARE FOOT ONE
STORY ADDITION, 1,215 SQUARE FOOT TWO-STORY ADDITION, A
NEW 115 SQUARE FOOT SECOND-STORY BALCONY AT THE REAR
OF THE RESIDENCE, AND AFTER-THE-FACT APPROVAL OF A 65
SQUARE FOOT GAZEBO AND 165 SQUARE FOOT FREE-STANDING
DECK IN THE REAR YARD, ON AN EXISTING LOT LOCATED AT
28117 ELLA RD (CASE NO. ZON2014-00008).
WHEREAS, on January6, 2014,the applicant submitted a Height Variation and Site Plan
Review application to the Community Development Department requesting approval of a one
and two-story addition to an existing one-story single-family residence, and roof deck at the rear
of the residence; and,
WHEREAS, on January 13, 2014, the application was deemed incomplete due to
missing information on the project plans; and,
WHEREAS, on February 3, 2014, March 24, 2014 and March 27, 2014, the Applicant
submitted additional information and revised plans; and,
WHEREAS, on March 28, 2014, Staff deemed the project complete; and,
WHEREAS, on May 13, 2014, after notice issued pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing at which time all interested parties were given an opportunity to be heard and present
evidence. Given concerns raised with neighborhood compatibility, view impairment and privacy
impacts, the Planning Commission continued the public hearing to June 24, 2014 to allow the
applicant time to address the concerns raised by Staff, the public and the Planning Commission;
and,
WHEREAS, on June 24, 2014, the Planning Commission continued the public hearing to
July 8, 2014 as the applicant was unable to submit revised plans to the City in time for the public
hearing; and,
WHEREAS, on July 8, 2014, the Planning Commission heard public testimony and
considered the merits of a revised project submitted by the applicant. The Planning Commission
determined that the project did not create a cumulative view impairment impact to the properties
located at 28221 and 28215 Lomo Drive, however the revised project created excessive bulk
and mass impacts to the neighboring property located at 28109 Ella Rd. Given the concerns
raised with neighborhood compatibility, the Planning Commission continued the public hearing
to August 12, 2014 to allow the applicant time to address the concerns raised by the Planning
Commission; and,
WHEREAS, on August 12, 2014, the Planning Commission heard public testimony and
considered the merits of a project with additional revisions; 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 Regulation, 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 ZON2014-00008 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) since the project involves construction of an addition to an existing residence
on a legally subdivided lot; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings offactwith respect
to the application fora Height Variation to allow the construction of a 1,215 square foot two-story
addition:
A. The applicant has complied with the Early Neighbor Consultation process established by
obtaining 8 signatures from the properties within 100 feet(80%)and 61 signatures from
the property owners within 500 feet (59%) of the subject property.
B. The Height Variation is warranted since the proposed two-story addition that exceeds
sixteen feet in height does not significantly impair a view from public property (parks,
major thoroughfares, bike ways,walkways or equestrian trails),which has been identified
in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas.
Specifically, due to the location of the property and the topography in the immediate
area, the proposed structure is not visible from a public viewing area or viewing site and
will therefore, not impair a view.
C. The Height Variation is warranted since the proposed two-story addition that exceeds
sixteen feet in height is not located on a ridge or promontory. The subject property is
located within a fully developed single-family residential neighborhood, on an existing
pad lot. The residence is not located on a ridge or a promontory, as defined in the
Municipal Code.
D. The Height Variation is warranted because the proposed new addition 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 proposed project
would not significantly impair the views from a majority of the surrounding residences
due to the topography in the immediate neighborhood, lot configurations, and existing
development. While the project would create some view impairment from two properties
located at 28221 and 28215 Lomo Dr., the impairment is less than significant as a
majority of the horizon line and ocean views from the viewing areas (living rooms) of
these properties would be maintained as a result of the design modifications
incorporated by the applicant. More specifically, the project has been redesigned to
reduce the ridgeline by 3'-6", thereby allowing a portion of the narrow band of ocean view
P.C. Resolution No. 2014-22
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and horizon line above the proposed ridgeline to be preserved as seen from the viewing
area of 28221 and 28215 Lomo Dr. As such, the view impairment from these properties
is less than significant.
F. The Height Variation is warranted because the residence has been redesigned in such a
manner as to reasonably minimize the impairment of view. The project was redesigned
to reduce the overall height of the two story addition from 25-5" to 21'-6", thereby
resulting in a 3'-6" reduction in structure' height. This modification was achieved by
reducing the ceiling heights from 9'-0" to 8'-0" and reducing the roof pitch from 4:12 to
3:12. Additionally the second story setbacks were increased to 9'-3" on the north and
south sides of the project, thereby reducing the overall footprint of the second story. As
such, the applicant has redesigned the residence in such a manner as to reasonable
minimize view impairment impacts.
E. The Height Variation is warranted since there is no significant cumulative view
impairment caused by granting the application. Cumulative view impairment shall be
determined by: (a) considering the amount of view impairment that would be caused by
the proposed new structure that is above sixteen feet in height or addition to a structure
that is above sixteen feet in height; and (b) considering the amount of view impairment
that would be caused by the construction on other parcels of similar new structures or
additions that exceed sixteen feet in height. A view analysis was conducted from the
primary viewing area (living room) of two properties located at 28221 and 28215 Lomo
Dr, where potential view impacts were observed. In order to address this finding, an
assessment was conducted of the amount of cumulative view impairment that would be
caused to this property if a similar addition over 16'-0", such as the proposed project,
was also constructed on other nearby properties. According the City's Height Variation
Guidelines, the assessment did not extend beyond four (4) parcels adjacent to the
subject property. Based on the existing neighborhood, the four(4) closest properties to
the applicant are located at 28109, 28123, 28129, and 28203 Ella Rd. The property
located at 28129 Ella Rd. is already constructed with a second story addition that
encroaches into a portion of the existing view frame from 28221 and 28215 Lomo Dr.
Given the number of design modifications including, but not limited to, reducing the
structure height by 3'-6" and increasing the second story setbacks, the revised project
does not create a cumulative view impairment from the two properties along Lomo Dr.
F. The proposed addition complies with all other Code requirements, including the
development standards related to the RS-4 zoning district with respect to lot coverage
and setbacks, and the off-street parking requirements for single-family residences.
G. The proposed addition is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style and bulk and mass. The
proposed lot coverage and setbacks are consistent with those of the surrounding
properties. The immediate neighborhood is comprised of both one and two story homes
that range in size from 1,942 square feet to 3,528 square feet. Although the resulting
structure will be 275 square feet larger than the largest home in the neighborhood, the
second story setbacks and undulating facades create a design that is compatible with
P.C. Resolution No. 2014-22
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the immediate neighborhood. In order to address bulk and mass impacts of a portion of
the second story addition (the Master Bedroom) that were observed from the property
located at 28109 Ella Rd., the applicant redesigned the second story of the project so
that it aligned with the rear facade of this neighboring property. Additionally, the
remaining portion of the second story footprint is setback further from the Master
Bedroom by 5'-6", thereby providing additional articulation to the rear fagade of the
second story addition. Furthermore, the project provides a hipped roof design with a 3:12
pitch roof along this portion of the addition to further reduce the appearance of a bulky
and massive structure as seen from the neighboring property.
H. The Height Variation is warranted since the new addition and deck would not create an
unreasonable infringement of the privacy of the occupants of abutting residences. Given
the existing topography and foliage between the subject property and the property to the
east, no new privacy impacts would be created as a result of the new two-story addition.
In response to concerns expressed by the Planning Commission regarding potential
privacy impacts to the neighboring property located at 28109 Ella Rd., the applicant
redesigned the project to mitigate potential privacy impacts. The project was redesigned
with a custom, angled window that slightly protrudes beyond the rear fagade of the
Master Bedroom. The window would be designed so that the main portion of the window
with a view to the ocean would be clear, but the portion of the window that protrudes from
the building fagade and is oriented toward the neighbor's property would be fixed and
opaque, or as an alternative, a solid wall if desired by the applicant. A line-of-sight
analysis was provided, which illustrated how a person standing near the edge of the
angled window, with an eye level of 64", would only be able to see a limited portion of
the neighboring property located at 28109 Ella Rd. and a majority of the privacy of the
neighbor's property would be preserved by the design of the window. Furthermore, the
line-of-sight analysis proved that the portions of the neighbor's property that could be
seen would be at heights above 4'-2" and 6'-9" based on where a person would be
looking. This is due to the design of the angled window combined with the height of the
parapet roof of the first floor addition.
Section 2: With regard to the Site Plan Review, the proposed 362 square foot first
floor addition would comply with the required residential setback standards, lot coverage and the
maximum allowable heights as presented in the Development Code for the RS-4 zone. Further,
as noted in the Height Variation findings above, the addition will be compatible with the
surrounding neighborhood.
Section 3: Any interested person aggrieved by this decision or any portion of this decision
may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific
action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar
days of the date of this decision, or by 5:30 PM on Wednesday,August 27, 2014. A$2,275 appeal
fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's
decision will be final at 5:30 PM on August 27, 2014.
Section 4: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
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Commission of the City of Rancho Palos Verdes hereby conditionally approves a Height
Variation and Site Plan Review(Planning Case No. ZON2014-00008)for the construction of a
new 362 square foot first floor addition, 1,215 square foot second floor addition, and 115 square
foot balcony located at 28117 Ella Rd., subject to the conditions of approval in the attached
Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 12th day of August 2014, by the following vote:
AYES: Cbi6tiissioners Cruikshank, Emenhiser, Gerstner, Tomblin, Vice Chairman
Nelson, Chairman Leon
NOES:Commissioner James
ABSTENTIONS: None
RECUSSALS: None
ABSENT: None
Gordon Leon
Chairman
J96111 R Mas, AICP
omJret
pity Dev pment Director
S ryto the Planning Commission
P.C. Resolution No. 2014- 22
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2014-00008 (HV, SPR)
(Khoshsar, 28117 Ella Rd.)
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 the date of this
approval shall render this approval null and void.
2. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
3. Based upon a foliage analysis conducted by Staff, the following foliage needs to be
trimmed, thinned, laced or removed prior to building permit issuance in order to restore
the protected view(s) from surrounding properties:
• All trees located within the front yard of the subject property shall be
trimmed to a maximum height of 16'-0" or the ridgeline, whichever is
lower, to restore views of the Pacific Ocean as seen from neighboring
properties.
Further, the owner of the property is responsible for maintaining the above-mentioned
foliage so that the views remain unimpaired.
4. 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.
5. 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 by the final body that approved the original project,which may require new and
separate environmental review.
6. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
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7. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
8. If the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within one year of the final effective date of this Resolution,
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.
9. 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.
10. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
date of this Resolution.
11. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
12. 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.
13. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:OOAM to 5:OOPM on 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. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
14. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 50% lot coverage (31.3% proposed).
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15. The approved additions shall maintain setbacks as depicted on the APPROVED plans for
both the first and second floor additions. BUILDING SETBACK CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to
foundation forms inspection.
16. 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. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of a
parcel of property or properties other than that upon which such light source is physically
located.
19. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
20. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
21. No more than 50% of any existing interior and exterior walls or existing square footage
may be removed or demolished. Residential buildings that are remodeled or renovated
such that 50% or greater of any existing interior or exterior walls or existing square
footage is demolished or removed within a two-year period shall be considered a new
residence and shall then conform to all current development standards for that zoning
district and the most recently adopted version of the Uniform Building Code.
22. Prior to the issuance of building permits, the applicant shall demonstrate the project's
compliance with the South Coast Air Quality Management District Rule 445 and the City
Municipal Code requirements regarding wood-burning devices.
Project Specific Conditions:
23. This approval is for a 3,803 square-foot, 2-story single-family residence,which includes a
410 square-foot 2-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to building permit final.
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24. The maximum ridgeline of the approved project is 1,035.5'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a
FINISHED GRADE ELEVATION CERTIFICATION shall be provided by a licensed land
surveyor or civil engineer, showing the Finished Grade Elevation at 1014'.
25. This project also includes after-the-fact approval of a 65 square foot gazebo and 156
square foot deck located in the rear yard of the existing residence. The gazebo and deck
shall not be located on an extreme slope (35% or greater slope) and shall maintain a
minimum 15'-0" rear yard setback and 5'-0" side yard setbacks.
26. The proposed chimney may project a maximum of 2' into any required setback, and shall
not exceed the minimum height required for compliance with the Uniform Building Code.
27. (Privacy Mitigation) The one-story addition shall be constructed with a mansard roof,
limited to a maximum height of 10'-9", as measured from the point where the lowest
foundation or slab meets finished grade to the highest point of the addition. The area
within said mansard roof may be recessed to a depth of 2'-3" at maximum and shall not
be utilized as a roof deck or balcony. The material and color of the roof shall match and
blend the adjoining roof. Any changes to this condition shall require a revision,subject to
Planning Commission review and approval.
28. (Privacy Mitigation)The clerestory window proposed along the north side fapade of the
second-story Master Bedroom shall be installed per the APPROVED plans. The bottom of
said window shall not be less than 5-6", as measured from the interior second story
finished floor.
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