PC RES 2021-001P.C. RESOLUTION NO. 2021-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION AND SITE PLAN REVIEW FOR THE
CONSTRUCTION OF A 936 FT ADDITION TO AN EXISTING TWO-
STORY RESIDENCE MEASURING 23.23 FEET IN HEIGHT AND
ANCILLARY SITE IMPROVEMENTS AT 29508 DRIFTWOOD LANE
(CASE NO. PLHV2020-0005).
WHEREAS, on July 29, 2020, the Applicant submitted Height Variation and Site
Plan Review applications to the Community Development Department requesting approval
to construct additions to an existing two-story residence with ancillary site improvements;
and
WHEREAS, on August 27, 2020, 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,
including a modification to the project silhouette to reflect the revised plans addressing
view concerns; and
WHEREAS, on December 23, 2020, staff deemed the application complete for
processing and on December 24, 2020, a public notice was published in the Palos Verdes
Peninsula News and mailed to all property owners within a 500 -foot radius from the
subject property, providing a 30 -day time period for the submittal of comments; and
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
15303(e)(Existing Facilities) of the CEQA Guidelines. More specifically, the project
includes an addition to an existing structure that is less than 10,000 ft2; is located where
existing public services and facilities are available; and is not in an environmentally
sensitive area; and
WHEREAS, the Planning Commission held a public hearing on February 9, 2021 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 proposed project involves the construction of a 936 ft2 addition to
an existing two-story residence, consisting of 134 ft2 to the first -floor and 802 ft2 to the
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second -floor, resulting in a new total structure size of 3,923 ft2 (garage included); and
construction of ancillary site improvements including new mechanical equipment, a
walkway and landscaping in the rear yard, and removal of 182 ft2 of landscaping along the
front faqade.
Section 2: The Planning Commission finds that the Height Variation for the
construction of a 936 ft2 addition to an existing two-story residence which exceeds the
16720' by -right height limit is warranted based on the following findings:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining 10 signatures (91 %) from properties within
100 feet and 35 signatures (40%) from properties within 500 feet of the project site,
where the local Homeowners Association (Pacific View) does not have any
requirements nor jurisdiction over the proposed project.
B. The proposed 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.
C. The proposed residence 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.
D. The area of a proposed addition to an existing structure that is above 16 feet 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 another parcel. The residences located in the vicinity observe views in the
westerly direction, which consist of the ocean and shorelines. The residences to the
north and south of the project site, which are situated parallel to each other on
similar pad elevations, have limited or no views due to the existing two-story homes
along the west -side of the project site that are built on similar pad elevations as
well. The upslope properties to the east with views in the direction, and over the
proposed residence will not be significantly impacted as their view frame towards
the west is already impaired by the existing two-story homes along Driftwood Lane
that are above the ocean horizon. In addition, the views from properties to the west
of the project site do not face the proposed residence. Therefore, the project will
have no significant impacts to views.
E. There is no significant cumulative view impairment caused by granting the Height
Variation since the adjacent properties surrounding the project site are already
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improved with two-story residences where no further view impairment can be
created from these properties.
F. The proposed structure complies with all other Code requirements, including, but
not limited to the minimum required setbacks, height, and parking. The legal
nonconforming lot coverage may be maintained pursuant to RPVMC §17.84.030 as
the degree of nonconformity will not be intensified.
G. The proposed residence 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. As designed,
the proposed project incorporates similar design features found within the
surrounding homes with a mix of horizontal and vertical sidings, stone veneer
accents, and a gable roof design with shingles and standing seam metal roofing. In
addition, the appearance of bulk and mass of the proposed residence will be
minimized by the varying design elements that provide articulation such as the
undulated setbacks between the first and second floors, the various fagade
treatments, multiple roof ridgelines, and extended roof overhangs. The proposed
project is surrounded by 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.
H. The proposed addition to an existing structure that is above 16 feet in height does
not result in an unreasonable infringement of the privacy of the occupants of
abutting residences. Specifically, most of the windows are located along the front
fagade that will face Driftwood Lane, which is a public street. In addition, the
windows along the north fagade are either closet or bathroom windows, which do
not allow much view into the neighboring property, or they are placed at the corner
where it meets the front fagade. As any views of the abutting neighbor's rear yard to
the north of the project site is already visible from the existing two-story residence,
the proposed second story windows at the northwest corner of the residence will
not create additional privacy impacts.
Section 3: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements, which include two mechanical equipment in the
south side yard, a walkway and landscaping in the rear yard, and removal of 182 ft2 of
landscaping along the front fagade are warranted as the improvements comply with all
applicable Code requirements, including, but not limited to, minimum required setbacks,
height, and parking. The legal nonconforming lot coverage may be maintained pursuant to
RPVMC §17.84.030 as the degree of nonconformity will not be intensified.
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
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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, February 24, 2021. 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, February 24, 2021.
Section 5: 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 §17.86.100(6) of the RPVMC.
Section 6: 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. 2021-
01, approving a Height Variation and Site Plan Review for the construction of a 936 ft2
addition to an existing two-story residence measuring 23.23 feet in height and ancillary site
improvements, subject to the Conditions of Approval contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 9t" day of February 2021, by the following
vote:
AYES:
NOES:
ABSTENTIONS:
RECUSALS:
ABSENT:
Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
Gordon Leon
Chairman
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EXHIBIT `A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2020-0005
(HEIGHT VARIATION AND SITE PLAN REVIEW)
29508 DRIFTWOOD LANE
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.
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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 one year 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.
Proiect Specific Conditions:
20. This approval shall allow for the following:
A. Construction of a 936 ft2 addition to an existing two-story residence,
consisting of 134 ft2 to the first floor and 802 ft2 to the second floor,
resulting in a new total structure size of 3,923 ft2 (garage included); and
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B. Construction of ancillary site improvements including new mechanical
equipment, a walkway and landscaping in the rear yard, and removal of
182 ft2 of landscaping along the front fagade.
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 approved residence shall be as depicted on the stamped
APPROVED plans and in no case shall the height of the residence extend above a
height of 22.67 feet, as measured from highest elevation of the existing grade
covered by the structure (elev. 101.20 feet) to the highest proposed roof ridgeline
(elev. 123.87 feet); and an overall height of 23.23 feet, as measured from lowest
finished grade adjacent to the structure (elev. 100.64 feet) to the highest proposed
roof ridgeline (elev. 123.87 feet). 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 proposed residence shall maintain setbacks of 20.17 -foot front, 5.75 -foot north
side, 6.42 -foot south side, and 40.21 -foot rear.
23. Unless modified by the approval of future planning applications, the approved
project shall maintain the nonconforming lot coverage of 55.2%.
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 feet in width and 20 feet in depth, with a minimum 7 -foot vertical
clearance. An unenclosed parking space shall have an unobstructed ground space
of no less than 9 feet in width by 20 feet 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.
28. The maintenance or operation of mechanical equipment, including but not limited to
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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.
PRIOR TO BUILDING PERMIT ISSUANCE
29. 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.
30. A drainage plan shall be reviewed and approved by the Public Works Department.
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