PC RES 2017-013 P.C. RESOLUTION NO. 2017-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT
VARIATION AND SITE PLAN REVIEW WITH FOLIAGE
ANALYSIS TO ALLOW THE CONSTRUCTION OF 441 SQUARE
FEET OF FIRST AND SECOND STORY ADDITIONS AT AN
OVERALL HEIGHT OF 24'-4", 247 SQUARE FEET OF
BALCONIES, 412 SQUARE FEET OF COVERED PATIOS,
INTERIOR REMODEL, FACADE UPGRADES, HARDSCAPE
IMPROVEMENTS,AND AN OUTDOOR KITCHEN IN THE REAR
YARD TO AN EXISTING TWO-STORY RESIDENCE LOCATED
AT 30042 VIA BORICA (CASE NO ZON2016-00503).
WHEREAS, on October 18, 2016, the applicant submitted a Height Variation and Site
Plan Review with Foliage Analysis, requesting approval to construct a 441 square foot addition
to the lower and upper floors at a an overall height of 24'-4", 247 square feet of balconies, and
412 square feet of covered patios to an existing two-story residence resulting with ancillary site
improvements; and,
WHEREAS, on November 15, 2016, Staff completed an initial review of the application,
at which time the application was deemed incomplete due to missing information on the project
plans; and,
WHEREAS, on March 8, 2017, after submittal of additional information and a site
inspection of the silhouette, the application was deemed complete; and,
WHEREAS, on March 16, 2017, notice of the pending application was published in the
Peninsula News and mailed to all property owners within 500 feet of the subject property. The
City received one comment letter from a neighbor supporting the proposed project; 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), the
proposed project has been found to be categorically exempt under Class 1 (Section 15301);
and,
WHEREAS, the Planning Commission held a duly-noticed public hearing on April 25,
2017, at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Height Variation for the proposed addition over 16' in height is
warranted because:
A. The applicant has complied with the Early Neighbor Consultation process established by
the City. Specifically, the applicant obtained 23 signatures from properties within 500 feet
(27.4% of the properties) and 9 signatures within 100 feet (75% of the properties) and
there is no active homeowners associations for this property.
B. The proposed addition that is above 16 feet 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. The subject property is not located within the City's Coastal
Specific Plan.As such, the proposed structure will not significantly impair a view defined
in the City's General Plan, Coastal Specific Plan, or a public trail.
C. The proposed structure is not located on a ridge or promontory. The proposed structure
is on a site that is not located on a prominent mass of land that overlooks or projects
onto a lowland or body of water on two sides.
D. The area of a proposed addition that is above 16 feet in height, as defined in Section
17.02.040(B) of the Development Code, when considered exclusive of existing foliage,
does not significantly impair a view from the viewing area of another parcel. Some
residences located in the immediate neighborhood have distant views to the west of the
Pacific Ocean. However, due to the topography, lot configuration and orientation of the
second story addition, no portion of the addition over 16 feet will affect views from the
viewing area of neighboring properties, including the properties to the north and south
with distant ocean views oriented to the west, and the properties to the east,which are at
an elevation that is approximately 80' higher than the project site.
E. In evaluating the impacts of similar projects on four parcels that are adjacent to the
subject property(30034, 30036, 30050 and 30104 Via Borica),the Planning Commission
finds that there would not be any potential for significant cumulative view impairment
caused by granting the proposed project given similar topographic and lot orientations as
the subject site.
F. The proposed structure complies with all other Code requirements, including the
development standards and guidelines of the RS-4 zoning district, such as lot coverage
and setbacks.
G. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style and bulk and mass.
Compatibility with neighborhood character is based on a comparison to the other
structures in the immediate neighborhood. The resulting structure size for the proposed
project will be minimally larger than the neighborhood average (3,456 sq. ft.)and will be
within range of the immediate neighborhood at 3,736 square feet (garage included).
The proposed lot coverage and setbacks are consistent with those of the surrounding
properties. The architectural style of the proposed residence would maintain the
architectural style found in the immediate neighborhood by utilizing stucco, stone siding,
and clay tile roofing material, similar to materials found in the immediate neighborhood.
P.C. Resolution No. 2017-13
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The height of the proposed additions willbe lower than the existing highest roof ridgeline
and therefore will not change the existing highest ridgeline. As for potential bulk and
mass impacts, the proposed project has been designed to minimize impacts to the
surrounding properties by articulating the façades with patios and balconies and with
varied exterior finish and materials.
H. The proposed new structure that is above 16' in height, or addition to an existing
structure that is above 16', does not result in an unreasonable infringement on the
privacy of the occupants of abutting residences. The neighbors to the east along
Avenida Altisima are located on pad elevations that are approximately 80-feet higher
than the subject property and therefore will not experience privacy impacts as a result of
the proposed project. The neighboring properties to the north and south are both two-
story structures with minimal windows along the side façades. Since the design of the
proposed second story provides a setback from the north property line of 28'-2", a
privacy infringement would not result from the proposed windows because the line-of-
sight would be limited. As for the proposed balcony along the front of the proposed
residence, the views taken from the balcony include the neighboring properties'
driveways and the street, where there is no expectation of privacy. As for the balcony
along the rear façade, it is setback 30 feet from the north property line and 14 feet from
the south property line; due to the placement of the rear balcony and its setback from the
side property lines the potential to create an infringement of privacy from neighboring
properties' yard areas is reduced.
Section 2: The Site Plan Review with Foliage Analysis for the proposed first story
additions, outdoor kitchen, and patio cover is warranted because the proposed project complies
with the required residential setback standards, lot coverage, and the maximum allowable
heights as presented in the Development Code for the RS-4 zoning district. No existing foliage
on the subject property significantly impairs the protected view from any surrounding properties.
In regards to hillside setbacks, this Code requirement applies to adjoining lots under separate
ownership that have a transition slope between the two building pads with a slope percentage of
50% or greater, and 6 feet or greater in height. This Code requirement applies to the project site
which is on a downslope portion of the transition slope, the minimum distance between the toe
of the easterly slope and any portion of the main building shall not be less 15 feet setback
because of the 80-foot vertical height and a gradient of 50% percent, unless alternate setbacks
are approved by the Building Official. The Planning Commission has imposed a condition
requiring the approval of a reduced hillside setback by the Building and Safety Official prior to
building permit issuance.
Section 3: 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 adopts P.C. Resolution No 2017-13,
approving a Height Variation and Site Plan Review with Foliage Analysis for the construction of
a 441 square foot addition to the lower and upper floors at an overall height of 24'-4" to an
existing two-story single-family residence with ancillary site improvements including 247 square
feet of balconies, 412 square feet of covered patios, interior remodel and façade upgrades,
P.C. Resolution No. 2017-13
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hardscape improvements, and an outdoor kitchen in the rear yard subject to the Conditions of
Approval in the attached Exhibit 'A'.
Section 4: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for
appeal and any specific action being requested by the appellant. A $2,275 appeal fee must
accompany any appeal letter. Any appeal letter must be filed within 15 calendar days of the
date of this decision, or by 5:30 p.m. on Wednesday, May 10, 2017. If no appeal is filed timely,
the Planning Commission's decision will be final at 5:30 p.m. on Wednesday, May 10, 2017.
PASSED, APPROVED, AND ADOPTED this 25th day of April 2017, by the following vote:
AYES: Commissioners Bradley, Emenhiser, Leon, Nelson, Tomblin, Vice Chairman
James, Chairman Cruikshank
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: None
IL
Johh • iks .nk
Chairm.,
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Ara Mihranian, A P
Director of Community Development, and,
Secretary of the Planning Commission
P.C. Resolution No. 2017-13
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
HEIGHT VARIATION & SITE PLAN REVIEW WITH FOLIAGE ANALYSIS
CASE NO. ZON 2016-00503
30042 VIA BORICA
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 this written statement within 90 days following the date of this approval shall
render this approval null and void.
2. The applicant shall indemnify, protect, defend, and hold harmless,the City, and/or any of
its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other
actions and proceedings (whether legal, equitable, declaratory, administrative or
adjudicatory in nature), and alternative dispute resolutions procedures(including, but not
limited to arbitrations, mediations, and other such procedures) (collectively "Actions"),
brought against the City, and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, the action of, or any permit or approval issued by, the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. 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.
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. Pursuant to Section 17.78.040, 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. Substantial changes to the project shall be
considered a revision and require approval by the final body that approved the original
project, which may require new and separate environmental review and public
notification.
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,
P.C. Resolution No. 2017-13
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setback, and lot coverage standards.
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, or administrative citations as described
in Section 1.16 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. 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.
14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM 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,
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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.
15. 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.
16. Exterior residential lighting shall comply 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.
17. For all grading, landscaping and construction activities, the applicant shall employ
effective dust control techniques, either through screening and/or watering.
18. 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.
19. All applicable soils/geotechnical reports, if required by the Building and Safety Division,
shall be approved by the City's geologist prior to Building Permit issuance.
20. If construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days, the applicant shall provide temporary construction fencing, as defined in
Section 17.56.050(C) of the Development Code.
Project Specific Conditions:
21. This approval shall allow the following improvements:
a. A 301 square foot first story addition to the front and rear façades;
b. A 140 square foot second story addition to the front and side façades;
c. A 282 square foot covered patio attached to the rear façade;
d. A 153.5 square foot balcony along the rear façade;
e. A 93.5 square foot balcony that is to replace an existing balcony along the front
façade;
f. A 36.5 square foot balcony above the entryway along the north side façade;
g. An outdoor kitchen and barbecue in the rear yard;
h. Hardscape improvements including replacement of walkways, stairways, and
pilasters; and,
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Interior remodel and façade upgrades to the detached garage and main
residence.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to the framing inspection.
22. The height of the approved residence shall be as depicted on the stamped APPROVED
plans and in no case shall the maximum height extend above a height of 23'-10/2", as
measured from the highest elevation of the existing grade covered by the structure(elev.
452.21') to the highest proposed roof ridgeline (elev. 476.08'); and 24'-4" as measured
from the lowest finished grade adjacent to the structure (elev. 451.75') to the highest
proposed roof ridgeline (elev. 476.08'). BUILDING HEIGHT CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof
sheathing inspection, based on the above mentioned instructions.
23. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 27.8% lot coverage.
24. The approved residence shall maintain setbacks of 20'-O"front, 28'-2" north side and 7'-
0" south side.
25. Prior to Building Permit Issuance, the distance between the toe of the easterly slope
and any portion of the main building shall be reduced to 15-feet provided approvals for a
reduced hillside setback are obtained by the Building Official. Otherwise, revised plan
showing a minimum distance between the toe of the easterly slope and any portion of the
main building shall not be less than %the vertical height of the slope(as measured from
toe of slope), with a minimum of 3' and a maximum of 15'.
26. The proposed chimney shall not exceed the minimum height required for compliance
with the Uniform Building Code.
27. Any outdoor furnishings, accessories or plants located on the approved balconies shall
not exceed a height of 8'-O" feet or the bottom of the roof eave, whichever is lower, as
measured from the finished floor of the deck.
P.C. Resolution No. 2017-13
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