PC RES 2021-005 P.C. RESOLUTION NO. 2021-05
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 680 FT2 ADDITION TO AN EXISTING TWO-
STORY RESIDENCE MEASURING 25.91 FEET IN HEIGHT AND
ANCILLARY SITE IMPROVEMENTS AT 18 SURREY LANE (CASE
NO. PLHV2020-0006).
WHEREAS, September 16, 2020, the Applicant Gerald Compton (on behalf of
property owner Negean Vandordaklou) 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 October 13, 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, and on March 23, 2021, staff deemed the application complete for processing;
and
WHEREAS, on March 25, 2021, 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
involves an addition to an existing structure that results in an increase of less than 50% of
the floor area of the structure; and
WHEREAS, the Planning Commission held a public hearing on April 27, 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 680 ft2 addition to
an existing two-story residence, consisting of 349 ft2 to the first floor and 331 ft2 to the
second floor, resulting in a new total structure size of 4,973 ft2 (garage included); and
construction of ancillary site improvements including a new permeable patio area with an
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outdoor kitchen in the rear yard, a 508 ft2 roof deck along the front façade, and new
walkway and entrance.
Section 2: The Planning Commission finds that the Height Variation for the
construction of a 680 ft2 addition to an existing two-story residence which exceeds the
16'/20' 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 seven signatures (70%) from properties
within 100 feet and 16 signatures (27%) from properties within 500 feet of the
project site. In addition, there is no active Homeowners Association existing in the
neighborhood from which proof of notification is required.
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 located at the peak of a
hillside neighborhood. In addition, 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 to the northwest and southeast of the
project site, which are situated parallel to each other on similar pad elevations, have
the same view frame that spans from the Santa Monica bay shoreline to the harbor
and beyond that will not be impacted as the viewing area of both residences do not
look in the direction of, or over the project site. In addition, the topography in the
area is such that the project site is at the apex of a hillside community where the
abutting properties to the northeast and southwest are built on elevations that are at
least 12 feet lower than that of the project site. 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 none of the properties have views in the direction of, or over the
proposed project area which is at the top of a hillside neighborhood. For the same
reason, given the topographical layout and development of the neighborhood,
similar improvements on adjacent properties will also have no view impacts to other
properties.
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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 Applicant is proposing to match the existing façade treatments which are also
commonly found within the immediate neighborhood. Specifically, the proposed
project has incorporated the same board and batten finishes, shingle gable roofs,
and roof deck with steel railings. The appearance of bulk and mass of the proposed
residence will be minimized by the several design elements that provide articulation
such as the varying roof ridgeline elevations and orientation, undulating front yard
setbacks, recessed second-story addition, and the inclusion of a roof deck along
the front façade. There are other homes in the immediate neighborhood that are
split-story or two-story residences with similar building heights. Lastly, the existing
setbacks that comply with the minimum requirements will continue to provide
adequate light, air, and privacy between structures as no changes are proposed.
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, the downslope abutting neighbor to the northeast
and southwest are more than 100 feet away and located at an elevation at least 12
feet lower than the project site, and the adjacent property to the northwest is
already visible from the existing second story windows of the subject residence. In
terms of the abutting property to the southeast, planters with dense vegetation are
proposed on the roof deck to the south and east to screen views into the
neighboring property's front and side yard area. Furthermore, there are no windows
proposed along the southeast façade of the second story addition. As such, the
proposed second-story windows and roof deck 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 a new permeable patio area with an
outdoor kitchen in the rear yard, a 508 ft2 roof deck along the front façade, and new
walkway and entrance 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.
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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. Any appeal
letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on
Thursday, May 13, 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
Thursday, May 13, 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(B) 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-
05, approving a Height Variation and Site Plan Review for the construction of a 680 ft2
addition to an existing two-story residence measuring 25.91 feet in height and ancillary site
improvements, subject to the Conditions of Approval contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 27th day of April 2021, by the following vote:
AYES: COMMISSIONERS CHURA, HAMILL, JAMES, SAADATNEJADI,
SANTAROSA, VICE-CHAIRMAN PERESTAM, AND CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
RECUSALS: NONE
feP '"----/ d::::--____,
Gordon Leon
Chair
4-416
Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2020-0006
(HEIGHT VARIATION AND SITE PLAN REVIEW)
18 SURREY 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 berovided duringconstruction. Portable bathrooms shall be
p
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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. Construction of a 680 ft2 addition to an existing two-story residence,
consisting of 349 ft2 to the first floor and 331 ft2 to the second floor,
resulting in a new total structure size of 4,973 ft2 (garage included); and
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B. Construction of ancillary site improvements including a new permeable
patio area with an outdoor kitchen in the rear yard, a 508 ft2 roof deck
along the front façade, and new walkway and entrance.
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 25.08 feet, as measured from highest elevation of the existing grade
covered by the structure (elev. 99.92 feet) to the highest proposed roof ridgeline
(elev. 125.00 feet); and an overall height of 25.91 feet, as measured from lowest
finished grade adjacent to the structure (elev. 99.09 feet) to the highest proposed
roof ridgeline (elev. 125.00 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 31.9-feet front, 11.7-feet north
side, 5-feet south side, and 62.3-feet rear.
23. Unless modified by the approval of future planning applications, the approved
project shall maintain the nonconforming lot coverage of 46.32%.
24. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
25. Any outdoor furnishings, accessories or plants located on the roof deck shall not
exceed a height of 8 feet or the bottom of the roof eave, whichever is lower, as
measured from the finished floor of the roof deck.
26. Any outdoor furnishings, accessories or plants located on the roof deck which
exceed the height limits established in RPVMC §17.02.040 shall not significantly
impair a view from surrounding properties.
PRIOR TO BUILDING PERMIT ISSUANCE
27. 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.
28. A drainage plan shall be reviewed and approved by the Public Works Department.
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