PC RES 2022-018 P.C. RESOLUTION NO. 2022-18
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 1,799 FT2 ADDITION CONSISTING OF A 216
FT2 FIRST-FLOOR ADDITION AND A 1,583 FT2 SECOND-FLOOR
ADDITION TO AN EXISTING 2,976 FT2 (GARAGE INCLUDED)
SINGLE-STORY RESIDENCE, MEASURING 23.52 FEET IN HEIGHT
WITH ANCILLARY SITE IMPROVEMENTS AT 26602 MENOMINEE
PLACE (CASE NO. PLHV2021-0013).
WHEREAS, on November 18, 2021, Saaed Moayedi ("Applicant") submitted Height
Variation Permit and Site Plan Review applications, requesting to construct a 1,799 ft2
addition to an existing one-story residence measuring 23.52 ft in height with ancillary site
improvements, located at 26602 Menominee Place, in the City of Rancho Palos Verdes;
and
WHEREAS, on January 17, 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 7, 2022, staff deemed the application complete for processing, setting the action
deadline to January 6, 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 1,799 ft2 addition
to an existing 2,976 ft2 one-story residence consisting of a 216 ft2 first-floor addition and a
1 ,583 ft2 second-floor addition, resulting in a new total structure size of 4,775 ft2 (garage
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included); and the construction of ancillary site improvements including a 146 ft2 roof deck
at the north facade, a 56 ft2 balcony at the east facade, and two 23 ft2 at-grade decks at the
north facade.
Section 2: The Planning Commission finds that the Height Variation Permit for the
construction of a 1,583 ft2 second-story addition to an existing 2,976 ft2 one-story residence,
resulting in a 4,775 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 43 signatures (81%) from properties within
500 feet of the project site, in which there is no active Homeowners' Association.
B. The approved 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 approved 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 approved 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
immediate north, east, west, and south of the project site have no views in the
direction of the project site. The property located at 26705 Menominee Place, which
is located several properties up the street to the south-west of the project site, has a
view over the project site, but an insignificant portion of that view would be obstructed
by the proposed project.
E. The addition to the existing structure that is above 16 feet in height is designed and
situated in such a manner as to reasonably minimize the impairment of a view, as
the maximum potentially allowed height with a Height Variation permit is 26 feet and
the proposed project extends only up to 23.52 feet in height as a result of a lower
roof pitch and a partial flat roof feature.
F. There is no significant cumulative view impairment caused by granting the Height
Variation Permit since the adjacent properties are either already a two-story
residence (26606 Menominee Place), or due to the existing topography there will be
no significant view impairments if similar projects were to be constructed on single-
story homes (26603 Menominee Place).
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G. The approved structure complies with all other Code requirements, including, but not
limited to minimum required setbacks, maximum allowed lot coverage, parking, and
building height.
H. The approved project is compatible with the character of the immediate neighborhood
in terms of the scale, architectural style, and setbacks. The immediate neighborhood
is comprised primarily of California Ranch style homes that incorporate various
design elements and facade treatments including stucco, brick, and wood sidings
with a mix of hip, gable, and dutch gable roof designs consisting of shingle materials.
As designed, the architectural style of the approved additions will incorporate stucco
walls, and a primarily hip roof style, which can be found in the area. The appearance
of bulk and mass of the approved project will be minimized with the siting of the
project approximately 48 feet from the street of access, inclusion of shed roof details,
a reduced slope roof with a flat portion to minimize the overall structure height,
windows of various sizes, and balconies along the side and rear facades. The
approved project will continue to provide adequate light and air between properties
by meeting or exceeding the required setbacks.
I. The approved 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. The project will not cause an unreasonable infringement of privacy due
to the siting of the neighboring residence on the lot in which the main exterior living
area of the property is located to the north of the residence and screened by the
existing roof of the residence, and thus not visible from the proposed second-story
addition windows and roof deck. The side and rear yards of the property to the west
at 26603 Menominee Place is already visible from the subject property's front yard.
The properties to the east are located at least 340 feet away across a canyon, and
their properties are already visible to all the properties along the same side of
Menominee Place as the subject property.
Section 3: The Planning Commission finds that the Site Plan Review for the 216 ft2
first-floor addition and the proposed ancillary site improvements, which include a 146 ft2 roof
deck, a 56 ft2 balcony, and two 23 ft2 at-grade decks, 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: 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.
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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-
18; approving the Height Variation Permit and Site Plan Review for the construction of a
1,799 ft2 addition consisting of a 216 ft2 first-floor addition and a 1 ,583 ft2 second-floor
addition to an existing 2,976 ft2 (garage included) single-story residence measuring 23.52
feet in height along 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 AND VICE-CHAIR CHURA
NOES: COMMISSIONER SAADATNEJADI
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SANTAROSA
,___-. .,-- r a_______________
______ ,,
David Chura
Vice-Chair
,O/C---., ,-_
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. PLHV2021-0013
(HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW)
26602 MENOMINEE PLACE
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.
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
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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.
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
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§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 1,799 ft2 addition to an existing 2,976 ft2 single-story
residence, consisting of 216 ft2 first floor addition and a 1,583 ft2 second-
floor addition, resulting in a new total structure size of 4,775 ft2 (garage
included); and,
B. Construction of ancillary site improvements including a new 146 ft2 roof
deck, a 56 ft2 balcony, and two 23 ft2 at-grade decks.
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 residence with approved additions 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. 99.37 feet) to the highest proposed roof
ridgeline (elev. 122.04 feet); and an overall height of 23.52 feet, as measured from
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lowest finished grade adjacent to the structure (elev. 98.52 feet) to the highest
proposed roof ridgeline (elev. 122.04 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 additions shall maintain setbacks of 7.83-foot north side, 5.75-foot
south side, 30-foot west front, and 28.25-foot east 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-5 zoning district shall maintain a maximum of 48.86% lot coverage
(52% is maximum).
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. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
25. The color of the material used for the flat portion of the roof shall not be white and
shall be compatible with the color of the sloping portion of the roof as shown on the
approved plans, and as deemed acceptable by the Director of Community
Development.
26. 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.
27. Any outdoor furnishings, accessories or plants located on the balcony which exceed
the height limits established in RPVMC §17.02.040, shall not significantly impair a
view from surrounding properties.
28. Based on a foliage analysis conducted on August 22, 2022, the following foliage shall
be trimmed or removed PRIOR TO BUILDING PERMIT ISSUANCE in order to
protect the view from surrounding viewing areas:
1. Crown raise by trimming up to the proposed highest adjacent ridgeline
of the primary structure (124.30 feet) the following trees: Jacaranda
Tree adjacent to the driveway, Canary Island Pine Tree, Eucalyptus
Trees.
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2. Crown reduce the remaining trees on the property by trimming down to
the lowest adjacent ridgeline of the primary structure (i.e. two
unidentified trees adjacent to the south property line in the center; two
Ficus or Ash-type trees northeast of the house).
The owner of the property is responsible for maintaining, in perpetuity, all foliage on
the property, which exceeds 16 feet in height, as measured from the base of the tree
or which exceeds the lowest adjacent ridge line of the primary structure, whichever
is lower, so as not to significantly impair the view from surrounding viewing areas.
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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