PC RES 2022-017 P.C. RESOLUTION NO. 2022-17
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 1,591 FT2 ADDITION TO AN
EXISTING 2,716 FT2 ONE-STORY RESIDENCE CONSISTING OF A
146 FT2 FIRST-FLOOR ADDITION AND A 1,445 FT2 SECOND-
FLOOR ADDITION FOR A NEW TOTAL STRUCTURE SIZE OF
4,307 FT2 (GARAGE INCLUDED) MEASURING 26 FEET IN
HEIGHT WITH ANCILLARY SITE IMPROVEMENTS AT 28614
QUAILHILL DRIVE (CASE NO. PLHV2022-0005).
WHEREAS, on February 25, 2022, property owners Matthew and Jennifer Yu
(collectively, "Applicant"), submitted Height Variation Permit and Site Plan Review
applications, requesting to construct a 1 ,591 ft2 addition to an existing 2,716 ft2 one-story
residence consisting of a 146 f2 first-floor addition and a 1,445 ft2 second-floor addition to
an existing 2,716 ft2 single-story residence for a new total structure size of 4,307 ft2
(garage included) measuring 26 feet in height with ancillary site improvements, located at
28614 Quailhill Drive, in the City of Rancho Palos Verdes; and
WHEREAS, on March 31 , 2022, 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 3, 2022, staff deemed the application complete for processing, setting the
action deadline to January 3, 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.
P.C. Resolution No. 2022-17
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NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of a 146 f2 first-floor
addition and a 1,445 ft2 second-floor addition to an existing 2,716 ft2 single-story residence
for a new total structure size of 4,307 ft2 (garage included) measuring 26 feet in height with
ancillary site improvements, including one air conditioning unit at the northern side yard
and a new 6-foot-tall fence.
Section 2: The Planning Commission finds that the Height Variation Permit for
the construction of a 146 f2 first-floor addition and a 1,445 ft2 second-floor addition to an
existing 2,716 ft2 single-story residence for a new total structure size of 4,307 ft2 (garage
included), 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 9 signatures (75%) from properties within
100 feet and 40 signatures (31%) 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, the properties located along Quailhill Drive are
developed on terraced building pads that follow a gradually ascending slope in a
northerly direction with a relatively flat area spanning approximately 75 feet and
gradually descending further south where it levels along flattens out on Armaga
Spring Road and where the project residence is also located. Based on a site visit
to the area and a review of aerial imagery, views in the immediate neighborhood
are observed in a southerly direction and consist of the ocean and Catalina Island,
depending on how far north on Quaillhill Drive one may be. The proposed project
does not significantly impair a view from the viewing area of another parcel because
the properties to the east and west of the project site are on similar pad elevations
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as that of the project site, and do not have observe views over or in the direction of
the project site. In addition, the properties to the south of the project site are on
building pads at a lower elevation than that of the project site and observe views in
the opposite direction of the project site. Due to the terracing design of properties in
the area, which include small transitional slopes between lots; views observed from
the properties to the north of the project site would be impaired by the "by-right" 16
foot/20 foot building envelope of the project site or by other two-story homes in the
area. As such, this finding can be made.
E. There is no significant cumulative view impairment caused by granting the Height
Variation Permit since the adjacent properties (e.g. 28604 Quailhill Drive and 28622
Quailhill Drive) 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, there will be no significant view impairments if similar projects were to
be constructed on single-story homes.
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 structure
size of the proposed project (4,307 ft2) will be the largest in the area but will not be
considered significantly larger than the largest homes already in the area.
Furthermore, the existing 3 largest homes (e.g. 28505 Quailhill Drive, 28631
Quailhill Drive, and 28615 Quailhill Drive) are located on the same street as the
subject property which will aid in the cumulative impacts of the proposed size. The
proposed addition will not appear out of scale with other homes in the area as a
result of the various articulations to the facades that will create visual interest and
soften the appearance of bulk and mass. Specifically, the proposed second story is
narrow in width along the front facade and elongates parallel to the north side yard
and provides varied roof ridgelines to further create visual breaks; and incorporates
varied exterior finishes using a mix of board and batten and stucco. The lot
coverage will decrease from 56.94% to 48.12% due to the removal of a detached
covered patio and applying the open patio area as exempt from lot coverage, which
is less than the maximum allowable lot coverage of 50% for the RS-4 zoning district
and brings the lot into conformance with the Zoning Code. Based on an aerial
analysis of the lot coverage found in the immediate neighborhood, the proposed lot
coverage will be consistent with the neighborhood. Most of the other homes in the
immediate neighborhood are two-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
P.C. Resolution No. 2022-17
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abutting residences. Specifically, the neighboring property to the north is on a
building pad elevation approximately 5 feet higher than the project site with an
existing 6-foot fence separating the two properties. The second-floor windows will
primarily observe views of the neighboring property's roof area to the north. No new
windows are proposed near the rear of the second story addition in order to prevent
direct views of the neighbor's rear patio and backyard. The south or side façade of
the proposed second story is designed with two small accent windows that face the
neighboring property to the south of the project site. Due to the terracing design of
the properties in the area, views from the proposed windows will observe the rear
yard of the adjacent property that are currently visible from the ground-level of the
project site. The second-story windows located along the east or rear façade of the
residence face facilities and parking areas of the Mt. Olive Lutheran Church located
adjacent to the project site. The proposed second-story windows along the west or
front façade of the residences are oriented toward the public right-of-way and front
yard of other properties where there is no expectation of privacy. Based on the
configuration of the residence in relation to the topography and neighboring homes,
the proposed project will not result in an unreasonable infringement of the privacy.
Section 3: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements, one air conditioning unit at the northern side yard
and a new 6 feet tall fence along the southern side 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.
Section 5: 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-
17, approving the Height Variation Permit and Site Plan Review for the construction of a
1,591 ft2 addition consisting of a 146 ft2 first-floor addition and a 1,445 ft2 second-floor
addition to an existing 2,716 ft2 (garage included) single-story residence measuring 26 feet
in height with ancillary improvements at 28614 Quailhill Drive, subject to the Conditions of
Approval contained in the attached Exhibit "A".
P.C. Resolution No. 2022-17
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PASSED, APPROVED AND ADOPTED this 13th day of December 2022 by the following
vote:
AYES: COMMISSIONERS NELSON, NULMAN AND PERESTAM
NOES: COMMISSIONER SAADATNEJADI AND VICE CHAIR CHURA
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SANTAROSA
----,•_ .-iw.A.-t- 0 / /
David Chura
0a4>..
Vice Chair
Octavio Silva
Interim Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2022-17
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2022-0005
(HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW)
28614 QUAILHILL 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.
P.C. Resolution No. 2022-17
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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:
• Construction of a 1,591 ft2 addition consisting of a 146 ft2 first-floor addition and a
1 ,445 ft2 second-floor addition to an existing 2,716 ft2 (garage included) single-story
residence for a new total structure size of 4,307 ft2.
• Construction of ancillary improvements, including a new air conditioning unit along
the northern side yard a new 6-foot-tall fence perpendicular to the southern property
line.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
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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 25.11 feet, as measured from the highest existing grade covered by the
structure (elev. 102.57 feet) to the highest roof ridgeline (127.68 feet), and a height
of 26 feet, as measured from the lowest finished grade adjacent to the structure
(elev. 101 .68 feet) to the highest roof ridgeline (elev. 127.68 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, 14-foot north side,
14.16-foot south side, and a 27-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-4 zoning district shall maintain a maximum of 50% 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 unit 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.
PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE
27. 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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