PC RES 2020-006 P.C. RESOLUTION NO. 2020-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION AND SITE PLAN REVIEW TO DEMOLISH
42.25% OF AN EXISTING 2,364FT2 SINGLE-STORY RESIDENCE
TO ACCOMMODATE THE CONSTRUCTION OF A 1,879FT2
ADDITION CONSISTING OF A 345FT2 ADDITION TO THE
EXISTING FIRST-FLOOR AND A NEW 1,534FT2 SECOND-FLOOR
FOR A NEW TOTAL STRUCTURE SIZE OF 4,243FT2 (GARAGE
INCLUDED) MEASURING 25.91' IN HEIGHT AND ANCILLARY
SITE IMPROVEMENTS, WHICH INCLUDE THE CONSTRUCTION
OF A NEW 107FT2 ENTRY PORCH, 597FT2 ATTACHED PATIO
COVER AND A 597FT2 BALCONY AT 31031 RUE LANGLOIS
(CASE NO. ZO N 2017-0594).
WHEREAS, on December 19, 2017, Applicant, Hamlet Sadekyan, on behalf of
property owner Dr. Rafik Girgis, submitted Height Variation and Site Plan Review
applications to the Community Development Department requesting approval to demolish
42.25% of an existing 2,364ft2 single-story residence (garage included) to accommodate
the construction a 345ft2 addition to the existing first-floor and a new 1,534ft2 second-floor
for a new total structure size of 4,243ft2 (garage included) with ancillary site improvements.
WHEREAS, on January 18, 2018, Staff completed an initial review of the
application, at which time the application was deemed incomplete due to missing
information on the project plans. The Applicant submitted additional information on several
occasions, with the last submittal of information on March 3, 2020.
WHEREAS, on April 2, 2020, Staff deemed the application complete for processing
and a public notice was published in the Palos Verdes Peninsula News and mailed to all
property owners within a 500' radius from the subject property on April 9, 2020, providing a
30-day time period for the submittal of comments.
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources 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, the proposed project has been found to be categorically exempt under Section
15301(e) (Existing Facilities) of the Guidelines for Implementation of CEQA. Specifically,
the project includes an addition to an existing structure that is less than 10,000ft2; is
located where existing public services and facilities are available, and is not in an
environmentally sensitive area.
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WHEREAS, the Planning Commission held a public hearing on May 12, 2020 at
which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS.
Section 1: The recitals are true and correct, and are incorporated herein by
reference.
Section 2: The Planning Commission makes the following findings.
A. The proposed project involves demolition of 42.25% of an existing 2,364ft2
single-story residence (garage included) to accommodate the construction of 345ft2
addition to the existing first-floor and a new 1,534ft2 second-floor for a new total structure
size of 4,243ft2 (garage included), measuring 25.91' in height with ancillary site
improvements including an 107ft2 entry porch, a 597ft2 attached patio cover, a 597ft2
balcony, two air conditioning units along the south side yard, three planters in the front
façade and related hardscape improvements.
B. Height Variation. The Height Variation for the construction of a 345ft2
addition to the, existing first-floor and a new , measuring 1,534ft2 second-floor for a new
total structure size of 4,243ft2 (garage included), measuring 25.91' in height which
exceeds the 16'/20' by-right height limit is warranted based on the following:
1. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining 5 signatures (83%) from properties within
100' and 15 signatures (35%) from properties within 500' of the project site, and
there is no active Homeowners Association existing in the neighborhood.
2. The residence 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, Conceptual Trails Plan, Trails Network Plan, or
Coastal Specific Plan. There are no public viewing areas or viewing sites in the
immediate vicinity that looks over the project site and the property is not located
within the City's Coastal Zone or any other City specific plan.
3. The project site is not located on a ridge or promontory, nor located on a prominent
mass of land that overlooks or projects onto a lowland or body of water on two
sides.
4. The area of the addition to the existing structure that is above 16' in height, as
defined in Section 17.02.040(B) of the Municipal Code, when considered exclusive
of existing foliage, does not significantly impair a view from the viewing area of
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another parcel. The residences located in the vicinity observe a 'far view' in a
westerly direction, which consists of the ocean, Catalina Island, and the Santa
Monica mountains, and also have a 'near view' in the same westerly direction,
which consists of a portion of the Vincent Bluff Preserve (a subarea of the overall
Palos Verdes Nature Preserve). The proposed project will not significantly impair a
far or near view from the viewing area of another property. More specifically, the
properties to the east of the project site are located approximately 50' higher in
elevation than that of the project site, which provides for a "far view" and "near view"
over the maximum roof ridgeline of the proposed residence. In addition, the
properties to the west of the project site are situated at an elevation 50-100' lower
than that of the project site. The proposed project will also not significantly impair a
view from the viewing area of the property to the north of the project site because
the property shares the same view frame with no views in the direction of, or over,
the proposed project. The project site will not significantly impair a view from the
viewing area of the property to the south of the project site because the portion of
the proposed project that is above 16' in height impairs a view of the sky, which is
not a view that is protected by the Code.
5. There is no significant cumulative view impairment caused by granting the
application. Cumulative view impairment shall be determined by considering: (a) the
amount of view impairment caused by the proposed new structure that is above 16'
in height or addition to a structure that is above 16' in height; and (b) the amount of
view impairment caused by the construction on other parcels of similar new
structures or additions that exceed 16' in height. The project would not result in a
significant cumulative view impairment as seen from adjoining properties to the east
of the project site. Specifically, similar construction to that of the project site on the
properties at 31035, 31023 and 31015 Rue Langlois will not result in a cumulative
view impairment because the properties to the east are approximately 50' above
the pad levels of the properties along Rue Langlois, whereby views can continue to
be observed over these properties.
6. The project complies with all other Code requirements, including, but not limited to
the minimum required setbacks, height, parking, and lot coverage.
7. The project is compatible with the character of the immediate neighborhood in
terms of the scale, architectural style, and setbacks. The majority of the existing
neighborhood is comprised of residences that resemble California ranch-style
homes with elements found in other architectural styles. The project design
incorporates similar design features found within the surrounding homes with a
smooth stucco finish with stone tile accents, and a hip roof design. In addition, the
appearance of bulk and mass will be minimized by the varying design elements that
provide articulation such as the enhanced setbacks between the upper and lower
levels, stone tile accents, extended roof overhangs between the two levels of the
residence, and varying low-pitched roof planes. The balcony and covered patio
P.C. Resolution No. 2020-06
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along the rear façade and the entry porch in the front façade will also serve as
visual breaks to the façade. The project is in close proximity to other two-story
residences with similar building heights, and will continue to provide adequate light
and air between properties by complying with the required setbacks.
8. The proposed balcony and second story windows will not result in an unreasonable
infringement of the privacy of the occupants of abutting residences. Specifically, the
properties to the west and east of the project site are 30' lower and 50' higher in
elevation than that of the project site, respectively. Views from the proposed upper
level windows and balcony will be limited due to the large covered patio in the rear
yard of the adjacent property to the north. The adjacent property to the south, is
situated at the corner of a cul-de-sac and is improved with a yard that is orientated
southwest of the project site. The project's upper level south elevation will include
three windows that face the adjacent property to the south, at 31035 Rue Langlois.
The window at the front of the residence will provide a view of an existing driveway
and two windows at the rear of the residence (within the master bathroom) will
provide a view of the northerly side and rear yard areas of the adjacent property to
the south, at 31035 Rue Langlois. Condition of Approval No. 31, requires the two
master bathroom windows facing the adjacent property to the south to be designed
with obscured glass, so as to limit views into the side and rear yard. The 597ft2
balcony will not create an unreasonable infringement of privacy because of the
design of the balcony and second floor addition orients views in a westerly direction
and away from properties to north, south and east.
C. The Site Plan Review for the proposed ancillary improvements, which
includes a 107ft2 entry porch, a 597ft2 attached patio cover, a 597ft2 balcony deck in the
rear yard, two air conditioning units along the south side yard, three planters in the front
façade and related hardscape improvements, comply with all applicable Code
requirements for the RS-4 zoning district. In addition, the balcony will not result in an
infringement of privacy to neighboring properties as discussed in Section B(8) above.
Section 3: 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. 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 27, 2020. A $2,275.00 appeal fee must accompany any appeal letter. If
no appeal is filed timely, the Planning Commission's decision will be final at 5:30 p.m. on
Wednesday, May 27, 2020.
Section 4: Any challenge to this Resolution and the findings set forth therein, must
be filed within the 90 day statute of limitations set forth in Code of Civil Procedure §1094.6
and Section 17.86.100(B) of the RPVMC.
P.C. Resolution No. 2020-06
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Section 5: For the foregoing reasons and based on the information and findings
included in this Resolution, the Staff Report, Minutes, and
pall relevant documents and
records of proceedings, the Planning Commission of the
City of Rancho
ho Palos Verdes adopts P.C. Resolution No. 2020-06, approving a Height Variation and Site PlanReviewto allow the demolition of 42.25%
of an existing 2,364ft2 single-story ry r
esidence to
accommodate the construction of a 1,879ft2 addition consistingof a 345ft2 addition
existingfirst-floor 2 d tion to the
st floor and a new 1,534ft second-floor for a new total structure size2
of 4,243ft
(garage included), measuring 25.91' in height and ancillarysite improvements, which
includes the construction of a new 107ft2 entryporch, 597ft2 attached c ed patio cover and a
597ft2 balcony, subject to the Conditions of Approval contained "
pPin the attached Exhibit A .
PASSED, APPROVED AND ADOPTED this 12th dayof May2020, by
vote:
the following
AYES: COMMISSIONERS CHURA, HAMILL, JAMES,
SAA DATN EJA DI,
SANTAROSA, VICE-CHAIRMAN PERESTAM, AND CHAIRMAN
LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Gam'
Gordon Leon
Chairman
440-411PrOPP`,/
Terry ' •d ue'f
Interim Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2020-06
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. ZON2017-00594
(HEIGHT VARIATION AND SITE PLAN REVIEW)
31031 RUE LANGLOIS
General Conditions:
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 Exhibit
"A". 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 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 (RPVMC) shall apply.
5. Pursuant to RPVMC §17.78.040, the Director of Community Development 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.
P.C. Resolution No. 2020-06
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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 RPVMC, including but not limited to
height, 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 RPVMC §17.86.060 or administrative citations as described in RPVMC
§1.16.
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 RPVMC
§17.86.070 within 180 days of the final effective date of this Notice of Decision,
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 approval.
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
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placed in a location that will minimize disturbance to the surrounding property
owners, to the satisfaction of the City's Building Official.
14. 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 shall provide temporary construction fencing, as defined in RPVMC
§17.56.050(C). Unless required to protect against a safety hazard, temporary
construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6'00 PM, Monday
through Friday, 9:00 AM to 5.00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
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
7:00 AM Monday through Friday and before 9:00 AM 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.
16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
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 ISSUANCE OF ANY GRADING AND/OR BUILDING PERMIT,
whichever occurs first, an earth hauling permit shall be approved by the Public
Works Department.
19. The Applicant shall remove the project silhouette within 7 days after a final decision
has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions:
20. This approval shall allow for the following:
a) Demolition of an 42.25% of the existing 2,364ft2 single-story residence
b) Construction of a 345ft2 first-floor addition and a 1,534ft2 second floor
addition (garage included) for a new structure size of 4,243ft2'.
c) Construction of an 107ft2 entry porch, 597ft2 attached patio cover and a
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597ft2 balcony.
d) Construction of ancillary site improvements, which include two air
conditioning units on the southwest corner of the residence, three planters in
the front yard and related hardscape improvements.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
21. The height of the proposed addition will measure 25.75', as measured from the
highest elevation of the existing grade covered by the structure (elev. 282.25') to
the highest proposed roof ridgeline (elev. 308.00') and 25.91', as measured from
the lowest finished grade adjacent to the structure (elev. 282.09) to the highest
proposed roof ridgeline (elev. 308.00').
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.
22. The approved residence shall maintain a 29'-9" front, 3'-8" south side, 5'-5" north
side and 37'-9" rear yard setbacks.
23. Unless modified by the approval of future planning applications, the approved
project within the RS-4 zoning district shall maintain a maximum of 34.49% lot
coverage.
24. The project site shall maintain a minimum of two-enclosed parking spaces at all
times. An enclosed parking space shall have an unobstructed ground space of no
less than 9' in width and 20' in depth, with a minimum 7' vertical clearance. An
unenclosed parking space shall have an unobstructed ground space of no less than
9' in width by 20' in depth.
25. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
All exterior lighting shall be so arranged and shielded as to prevent direct
illumination of abutting properties and of vehicles passing on the public right-of-way.
Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or
other lighting under canopies or on the building shall be covered with diffusing
lenses and shielded.
26. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
27. The approved A/C units shall comply with the required side setbacks and shall be
screened from view from adjacent public right-of-way with foliage or other
appropriate screening.
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28. The maintenance or operation of mechanical equipment, including but not limited to
AC units or pool filters, generating noise levels in excess of 65dBA as measured
from the closest property line shall constitute a public nuisance in accordance to
Chapter 8.24 of the RPVMC.
29. Any outdoor furnishings, accessories or plants located on the balcony and roof
decks shall not exceed a height of 8' or the bottom of the roof eave, whichever is
lower, as measured from the finished floor of the deck.
30. Any outdoor furnishings, accessories or plants located on the balcony and roof
decks which exceed the height limits established in RPVMC §17.02.040, shall not
significantly impair a view from surrounding properties.
31. The two master bathroom windows on the second floor, which face the property at
31035 Rue Langlois, shall be designed and maintained with obscured glass.
PRIOR TO BUILDING PERMIT ISSUANCE
32. PRIOR TO ISSUANCE OF BUILDING PERMITS all applicable soils/geotechnical
reports, if required by the Building and Safety Division, shall be approved by the
City's Geologist.
33. A drainage plan shall be reviewed and approved by the Public Works Department.
34. The Applicant shall obtain a permit from the Public Works Department and/or the
Community Development Department for any proposed work within the public right-
of-way.
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