PC RES 2023-011 P.C. RESOLUTION NO. 2023-11
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 NEW THREE-STORY 2,789 FT2 SINGLE
FAMILY RESIDENCE AND A 994 FT2 GARAGE (3,783 FT2 TOTAL
STRUCTURE SIZE) WITH ANCILLARY IMPROVEMENTS AT 3261
CROWNVIEW DRIVE (CASE NO. PLSR2021-0084).
WHEREAS, on March 1, 2021, Mr. Pablo Galin, on behalf of property owner Samuel
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Iskander (collectively, "Applicant"), submitted a Height Variation Permit and Site Plan
Review applications, requesting approval to construct a new three-story residence and
garage with ancillary site improvements at 3261 Crownview Drive; and
WHEREAS, on September 15, 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 June 19, 2023, staff deemed the application complete for processing, setting the
action deadline to August 18, 2023; and
WHEREAS, on June 19, 2023, a public notice was published in the Palos Verdes
Peninsula News and mailed to all property owners within a 500-foot radius from theJro'ect
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site, 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 City's., the Ci 's Local CEQA
Guidelines, the proposed project has been found to be categorically exempt under Section
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15303(a)(New Construction) of the CEQA Guidelines. More projspecifically, ect p the 'ect is a new
single-family residence; and
WHEREAS, the Planning Commission held a public hearing on July 25, 2023, at
which time all interested parties were given an opportunity to be heard andp resent
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are true and correct, and are incorporated herein by
reference.
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Section 2: The proposed project involves the construction of a new three-story
2,789 2 2 2
89 ft single family residence and a 994 ft garage (3,783 fttotal structure size) with
ancillary improvements.
P.0 Resolution No. 2023-11
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Section 3: The Planning Commission finds that the Height Variation Permit for the
construction of a 3,783 ft2 three-story residence, which exceeds the 16 foot/20 foot 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 26 signatures (61.9%) from properties within
500 feet of the project site.
B. The approved new 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. The residence will be located are located on the west
side of Crownview Drive, and there are no public viewing areas or viewing sites in
the immediate vicinity that look over the project site and the property is not located
within the City's Coastal Zone or any other City specific plan.
C. The project site is not located on a ridge or promontory. Although the project site is
located on the west side of Crownview Drive on the border of the sloping Miraleste
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Hills neighborhood, it is not located on an elongated crest, nor does it overlook a
body of water. Furthermore, there are other 2-story homes in this same area,
including the properties at 3352 Crownview Drive and 3268 Crownview Drive, which
were approved by the City through earlier Height Variation Permit applications, and
were also not found to be located on a ridge of promontory.
D. The portion of the new residence 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. Based
on site visits to the area and aerial imagery, the views in the vicinity are observed in
the northerly, westerly, and easterly directions and consist of city lights, harbor, and
ocean views. The properties to the north of the project site have no views in the
direction of the project site, and observe their view to the north, east, and west,
opposite from the location of the project site. The properties to the east of the project
site, across Crownview Drive, including those at 3266 and 3276 Crownview Drive,
observe views to the east and have no views over or in the direction of the project
site. Views from the properties located to the south and the west of the project site
are observed in northerly, easterly and westerly directions, some over the project
site. However, due to the topographic conditions in the area, the approved residence
will not result in significant view impairments as it will only extend minimally into the
lower periphery of the protected view frames, if at all.
E. The portion of the new structure over 16 feet in height is designed and situated in
such a manner as to reasonably minimize the impairment of views taken from
neighboring properties. Specifically, the roved residence has been designed to
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be notched into the hill by utilizing the existing building pads, thereby minimizing the
height of the structure.
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F. There is no significant cumulative view impairment by portions of the structure which
exceed 16 feet in height caused by granting the Height Variation, as there is an
approximately 34-38-foot difference in elevation between the highest building pad of
the project site and the pad levels of the properties at 3281 and 3285 Crownview
Drive to the south of the project site. If similar projects (three-story homes created by
notching the residence and garage into a slope) were to be constructed on adjacent
properties, they would possibly extend into the lower periphery of the view frames of
these upslope properties, but would not cause a significant view impairment, as the
total amount of view impacted would be minimal as compared with the entire view
frame.
G. The structure complies with all other Code requirements, including, but not limited to
the minimum required setbacks, height, and parking.
H. The residence is compatible with the character of the immediate neighborhood in
terms of the square footage, scale, architectural style, and setbacks. The 3,783 ft2
residence will be smaller than the 4,106 ft2 average residence size and the largest 8
homes in the immediate neighborhood of 20 properties. The residences within the
immediate area vary in architectural style, exhibiting elements of California Ranch,
Contemporary, Spanish, and Mediterranean designs using a variety of materials that
accent the residences and incorporate various design elements and façade
treatments including stucco, stone, and wood sidings with a mix of flat, gable, and
hip roof designs in shingle, tile, and typical flat roof materials such as a torchdown
roof. As designed, the residence incorporates similar design features found within
the surrounding homes as it includes stucco walls with a low-pitched roof and wood
accents. In addition, the appearance of bulk and mass of the residence will be
minimized by the stepping of the residence and garage down the slope with the
existing terraced building pads, and the various façade setbacks and roof decks and
balconies will provide articulation. Over half of the homes in the immediate
neighborhood consist of two-story homes with some also having additional
subterranean and/or partially exposed basement levels so as to have the appearance
of a three-story structure. The residence will provide adequate light and air between
properties by complying with the required setbacks.
I. The portion of the proposed new structure that is above 16 feet in height does not
result in an unreasonable infringement of the privacy of the occupants of abutting
residences. There is only one small bathroom window on the south (rear) façade
which will primarily view the slope between the project site and the upslope properties
to the south at 3281 and 3285 Crownview Drive. The second and third floor windows
on the east façade face the driveway and front yard of 3266 Crownview Drive, as well
as the public right of way of Crownview Drive, where there is no expectation of
privacy. The second and third floor windows on the north façade face the downslope
property at 3249 Crownview Drive but mostly the roof of the downslope property will
be visible from these window locations, and the outdoor living areas of the structure
appear to be screened by existing foliage that is not proposed to be removed.
Additionally, the downslope property is already visible from the driveway elevation of
the project site. The second and third floor windows on the west façade face the
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properties across Miraleste Canyon, which are over 300 feet away from thero _osed
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residence, making any unreasonable invasion of privacy unlikely, as it will be difficult
to see the property from that distance. These properties are also already visible from
the existing driveway of the project site as well.
Section 4: The Planning Commission finds that approval of the Site Plan Review for
the balconies and roof decks is warranted, as the improvements comply I with all applicable
Code requirements, including, but not limited to minimum required setbacks, height, and
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maximum allowable lot coverage.
Section 5: As designed, the proposed balconies and roof decks will not create
privacy impacts. More specifically, the proposed balconies and roof decks will observe the
same views as the second and third story windows described in Height Variation Finding
No. I above, and per those statements, will not create an unreasonable infringement of
privacy.
Section 6: 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 eal letter must
be filed within 15 calendar days of the date of this decision, or b 5:30p.m. on Thursday,
August 10, 2023. A $3,100 appeal fee must accompany any appeal eal letter. If no appeal is
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filed timely, the Planning Commission's decision will be final at 5:30 .m. on Thursday,
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August 10, 2023.
Section 7: 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 8: For the foregoing reasons and based on the information and findings
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included in the staff report, minutes and other records of proceedings, the Planning
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Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2023-
11, approving a Height Variation Permit and Site Plan Review for the construction of a new
three-story 2,789 ft2 single family residence and a 994 ft2 (3,783 garsga ft2 total structure
size) with ancillary improvements at 3261 Crownview Drive, subject to the Conditions of
Approval contained in the attached Exhibit "A".
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PASSED, APPROVED AND ADOPTED this 25th day of July, 2023, by the following
vote:
AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM,
SAADATNEJADI, VICE-CHAIR SANTAROSA AND CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
I,
,, , , _ ____
„,,,,,, ,,,,Q,„,„
David Chura
(i. Chair
Vt/(,,,----
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. PLSR2021-0084
(HEIGHT VARIATION PERMIT
AND SITE PLAN REVIEW)
3261 CROWNVIEW DRIVE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
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 l of this pp permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or
anyFederal, State, Countyand/or Citylaws 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 ment 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 Chapter 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 resemblingtrash and debris in excess e cess 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
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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:
1. This approval shall allow for the following:
a. Construction of a 2,789 ft2 three-story residence with a 994 ft2 four-car garage
resulting in a total structure size of 3,783 ft2 (garage included);
b. Construction of ancillary improvements including access stairs, a 476 ft2 patio
cover on the third story and 689.5 ft2 total of balcony/roof deck areas that
include a 117 ft2 roof deck on the second story, and 572.5 ft2 total of balcony
and roof deck areas on the third story.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to the framing inspection.
2. The height of the approved structure shall be as depicted on the stamped APPROVED
plans and in no case shall the maximum height exceed 26 feet, as measured from
the lowest finished grade covered by structure (elev. 117.00 feet) to the highest roof
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ridgeline (elev. 143.00 feet); and a height of 7.76 feet as measured from the highest
elevation of the existing grade covered by the structure (135.24 feet) to the highest
roof ridgeline (elev. 143.00 feet).
BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to roof sheathing inspection.
3. The proposed residence and attached garage shall maintain setbacks as follows:
Front (east) 37.08 feet
Interior Side (north) 46.25 feet
Interior Side (south) 7.66 feet
Rear (west) 75.63 feet
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
4. Roof eaves shall not project into the required setback more than 6 inches for each
foot of the required setback, provided that there are no vertical supports within the
required setback areas.
5. Unless modified by the approval of future planning applications, the approved project
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shall maintain the maximum allowed lot coverage of 40% (29% currently proposed).
6. Driveways, paved walkways and parking areas shall not cover more than 50% of the
required 20-foot front setback area. Any pervious or semi-pervious surface which is
part of or within a driveway or parking area shall not be considered to be landscaping.
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7. The project site shall maintain a minimum of two-enclosed parking spaces and two
unenclosed 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 depth.
feet in de th.
8. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
9. The color of the material used for the roof shall not be white and shall be compatible
with the color scheme of the residence as shown
on theapproved
plans, and as
deemed acceptable by the Director of Community Development.
10 Any outdoor furnishings, accessories or plants located on the balcony and roof deck
shall not exceed a height of 8 feet or the bottom of the roof eave, whichever ge is lower,
as measured from the finished floorf
o the deck.
11. Any outdoor furnishings, accessories or plants located on the balcony and roof deck
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which exceed the height limits established in RPVMC §17.02.040, shall not
significantly impair a view from surrounding properties.
12. 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
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under canopies or on the building shall be covered with diffusing lenses and shielded.
13. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site prior to certificate of
occupancy.
14. The maintenance or operation of mechanical equipment, including but not limited to
AC units or pool filters, generating noise levels in excess of 65 dBA as measured
from the closest property line shall constitute a public nuisance in accordance to
Chapter 8.24 of the RPVMC.
PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE
15. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, all applicable
soils/geotechnical reports, if required by the Building and Safety Division, shall be
approved by the City's Geologist.
16. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, a drainage
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plan shall be reviewed and approved by the Public Works Department.
17. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, an earth
hauling permit shall be approved by the Public Works Department.
18. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, connection
to the sewer system shall be approved by the County of Los Angeles.
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