PC RES 2022-015 P.C. RESOLUTION NO. 2022-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A 566 FT2 ADDITION TO AN EXISTING
TWO-STORY RESIDENCE MEASURING 22.66 FT IN HEIGHT WITH
ANCILLARY SITE IMPROVEMENTS AT 3553 SEAGLEN DRIVE
(CASE NO. PLHV2021-0011).
WHEREAS, on June 9, 2021, Jure Sestich, on behalf of property owner Daniel
Prebanda (collectively, "Applicant"), submitted Height Variation Permit and Site Plan
Review applications, requesting to construct a 566 ft2 addition to an existing two-story
residence measuring 22.66 ft in height with ancillary site improvements, located at 3553
Seaglen Drive, in the City of Rancho Palos Verdes; and
WHEREAS, on July 2, 2021 , 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
November 10, 2022, staff deemed the application complete for processing, setting the
action deadline to January 9, 2023; and
WHEREAS, on November 10, 2022, a public notice was published in the Palos
Verdes Peninsula News and mailed to all property owners within a 500-foot radius from
the project site, providing a 30-day time-period to submit 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
15301(Existing Facilities) of the California Guidelines for Implementation of CEQA.
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 December 13,
2022, 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 566 ft2 addition to
an existing two-story residence measuring 22.66 ft in height with ancillary site
improvements, including two air conditioning units, an outdoor kitchen, a 609 ft2 covered
P.C. Resolution No. 2022-15
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patio and balcony above with a trellis and steps along the side, a 106 ft2 attached trellis on
the ground level, a 54 ft2 covered front porch, and a 71 ft2 balcony along the front façade.
Section 2: The Planning Commission finds that the Height Variation Permit for
the construction of a new 566 ft2 addition to an existing 2,902 ft2 two-story residence,
resulting in a 3,468 ft2 residence, which exceeds the 16 feet/20 feet by-right building height
envelope 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 (83%) from properties within
100 feet and 24 signatures (30%) from properties within 500 feet of the project site,
in which there is no active Homeowners' Association.
B. The proposed project 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 viewing points or viewing sites that will
be impacted due to the location of the project site and the topography in the
immediate area. In addition, the property is not located within the City's Coastal
Zone or any other City specific plan.
C. The proposed project 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 the 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. Specifically, any protected views of the residences to the
northeast of the project site will be impaired by the by-right 16 feet/20 feet building
height envelope or the existing two-story residence of the project site, and
properties to the southwest will not be impacted as they are located approximately
50 feet lower than that of the project site. In addition, the abutting residences on
each side are sited parallel to the project site, and therefore, do not have a view in
the direction of, or over the project site
E. There is no significant cumulative view impairment caused by granting the Height
Variation Permit since the adjacent properties located at 3547 Seaglen Drive, 3554
Seaglen Drive, and 3559 Seaglen Drive surrounding the project site are either
already improved with two-story residences where no further view impairment can
be created from these properties, or due to the existing topography where there will
be no significant view impairments if similar projects were to be constructed on
single-story homes.
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F. The proposed structure complies with all other Code requirements, including, but
not limited to minimum required setbacks, maximum allowed lot coverage, parking,
and building height.
G. The proposed 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 various design elements and façade
treatments that accent the residences. As designed, the architectural style of the
proposed additions will incorporate stucco walls with stone accents and a mix of hip
and gable roof design with tiles, all of which are commonly found in other
residences in the surrounding neighborhood. The appearance of bulk and mass of
the proposed project will be minimized with the inclusion of material and massing
accents, varied roof design and ridgeline elevations, and balconies along the front
and rear facades. Most of the other homes in the immediate neighborhood are two-
story or split-story residences with similar building heights, and the proposed
residence will continue to provide adequate light and air between properties by
meeting or exceeding 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, the proposed balconies will directly face a public
street (i.e., Gulfcrest Drive and Seaglen Drive) and the front yard of the closest
properties across the street from the project site where there is no expectation of
privacy. In addition, the existing two-story residence is currently designed with
second-story windows that observe views into the same general direction as the
proposed balconies and windows where there will be no additional privacy impacts
created.
Section 3: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements, which include two air conditioning units, an outdoor
kitchen, a 609 ft2 covered patio and balcony above with a trellis and steps along the side,
a 106 ft2 attached trellis on the ground level, a 54 ft2 covered front porch, and a 71 ft2
balcony along the front façade are warranted as the improvements comply with all
applicable Code requirements.
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
Monday, January 9, 2023. A $3,100.00 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
Monday, January 9, 2023. The 15-day appeal period has been extended to account for the
City Holiday Closure from Friday, December 23, 2022 to Monday, January 2, 2023.
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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. 2022-
15, approving the Height Variation Permit and Site Plan Review for the construction of a
566 ft2 addition to an existing two-story residence measuring 22.66 ft in height with
ancillary site improvements, subject to the Conditions of Approval contained in the
attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 13th day of December 2022 by the following
vote:
AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI, AND
VICE-CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SANTAROSA
---s—tA.A..2). f2/(-A-'
David Chura
� Vice Chair
Octavio Silva
Interim Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2021-0011
(HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW)
3553 SEAGLEN DRIVE
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 may be cause of the issuance of administrative
citations as described in RPVMC Ch. 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
placed in a location that will minimize disturbance to the surrounding property
owners, to the satisfaction of the City's Building Official.
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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. 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:
19. This approval shall allow for the following:
A. Construction of a 566 ft2 addition to an existing 2,902 ft2 two-story
residence, consisting of 114 ft2 to the first floor and 452 ft2 to the second
floor, resulting in a new total structure size of 3,468 ft2 (garage included);
and,
B. Construction of ancillary site improvements including two air conditioning
units, an outdoor kitchen, a 609 ft2 covered patio and balcony above with
a trellis and steps along the side, a 106 ft2 attached trellis on the ground
level, a 54 ft2 covered front porch, and a 71 ft2 balcony along the front
facade.
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BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
20. 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 21.74 feet, as measured from highest elevation of the existing grade
covered by the structure (elev. 302.66 feet) to the highest proposed roof ridgeline
(elev. 324.40 feet); and an overall height of 22.66 feet, as measured from lowest
finished grade adjacent to the structure (elev. 301.74 feet) to the highest proposed
roof ridgeline (elev. 324.40 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.
21 . The proposed residence shall maintain setbacks of 20-foot front, 6.58-foot north
side, 6.92-foot south side, and a 111-foot rear. SETBACK CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO
POURING FOUNDATIONS.
22. Unless modified by the approval of future planning applications, the approved
project within the RS-3 zoning district shall maintain a maximum of 45% lot
coverage.
23. 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.
24. The approved air conditioning 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.
25. 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.
26. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
27. Any outdoor furnishings, accessories or plants located on the balcony 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 deck.
28. Any outdoor furnishings, accessories or plants located on the balcony which exceed
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the height limits established in RPVMC §17.02.040, shall not significantly impair a
view from surrounding properties.
PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE
29. 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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