PC RES 2023-015 P.C. RESOLUTION NO. 2023-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION PERMIT FOR THE CONSTRUCTION OF A
456 ft2 SECOND FLOOR ADDITION TO AN EXISTING 2,243 ft2
TWO-STORY RESIDENCE FOR A NEW TOTAL STRUCTURE SIZE
OF 2,699 ft2 (GARAGE INCLUDED), AT 1525 CADDINGTON DRIVE
(CASE NO. PLHV2023-0008).
WHEREAS, on May 16, 2023, applicant Kesha O'Dell (Silva Construction)
submitted a Height Variation Permit application, requesting to construct a 456 ft2 second-
floor addition measuring 22.1 feet in height, located at 1525 Caddington Drive, in the City
of Rancho Palos Verdes; and
WHEREAS, on June 15, 2023, 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
September 14, 2023, staff deemed the application complete for processing, setting the
action deadline to November 13, 2023; and
WHEREAS, on September 14, 2023, 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 October 24, 2023,
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 456 ft2 second-
floor addition to an existing 2,243 ft2 two-story residence for a new total structure size of
2,699 ft2 (garage included) measuring 23.1 feet in height.
P.0 Resolution No 2023-15
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Section 2: The Planning Commission finds that the Height Variation Permit for
the construction of a 456 ft2 second-floor addition to an existing 2,243 ft2 two-story
residence for a new total structure size of 2,699 ft2 (garage included) measuring 23.1 feet
in height, 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 11 signatures (100%) from properties within
100 feet and 36 signatures (45%) from properties within 500 feet of the project site,
in which there is no active Homeowners' Association.
B. The City's General Plan identifies viewing points (turnouts along vehicular corridors
for the purposes of viewing) and viewing sites (public site areas, which due to their
physical locations on the Peninsula, provide a significant viewing vantage) within
the City. There are no viewing points or viewing sites that will be significantly
impaired or impacted due to the proposed new structure. Additionally, the project
site is not located within the City's Coastal Zone.
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 topography in the area, from Mount Palomar Place to Mount Lassen Lane,
slopes down from west to east, with transitional slopes existing between properties
along the rear and side yards. Views in the area are primarily oriented to the east
consisting of the harbor and ocean as well as to the north consisting of portions of
the Los Angeles Basin and City lights. The residences located to the north of the
project site along Mount Whitney Way are located approximately 17 feet below the
project site and observe views in the opposite direction of the project site. Views
observed from the residences located on the southside of Caddington Drive in the
direction of the project site are impaired by the 16 foot/20 foot "by-right" building
height envelopes of homes located on the northside of Caddington Drive. The
residences located to the east of the project site along Caddington Drive observe
views in the opposite direction of the project site. As the proposed second-story
addition is primarily sited towards the front of the project residence over an area of
the existing garage, the residences to the west of the project site can continue to
observe views in the area from locations along their respective rear yards.
E. There is no significant view impairment from the areas of the neighboring properties
as a result of the proposed Height Variation Permit.
F. There will be no significant view impairment by the portions of the structure which
exceed 16 feet in height as seen from the viewing area of another parcel located
within the City. There is no view impairment from the viewing areas of neighboring
properties, and many of the homes in the immediate neighborhood are already
P C Resolution No 2023-15
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improved with two-story structures. The proposed addition also sits lower than the
already existing roof ridgeline and is in the opposite direction of many viewing
angles from most surrounding residents. Even if cumulative additions on
neighboring properties were sited similarly, they would not create any significant
view impairments. For these reasons, even if a second-story addition similar to the
proposed project was constructed, it would not impact or create any new view
impairments. Therefore, there would be no significant cumulative view impairment
caused by granting the application and this finding can be made.
G. The proposed project complies with all other code requirements in terms of the,
setbacks, parking, maximum allowable lot coverage, and building height. All
existing setbacks on the existing project residence will be maintained (21.9-foot
front, 12.7-foot west side, 5-foot east side, and 37.6-foot rear). There will be no
changes to the existing parking provisions. The maximum allowable lot coverage
will also be maintained at 33.7%, which is below the 52% allowable lot coverage in
an RS-5 zoning district. The overall building height of the existing residence will not
be changing as a result of this project addition.
H. The proposed project is compatible with the character of the immediate
neighborhood in terms of the scale, architectural style, and setbacks. While the size
of the proposed addition (456 ft2) will result in the project residence being the
largest in the area, the scale of the project will continue to be compatible with the
immediate neighborhood as a result of the various architectural elements and
features that will create visual interest and soften the appearance of bulk and mass,
such as the windows and wood trimming along the front façade. Additionally, the
scale of the project will maintain the existing streetscape, whereby other homes just
outside of the immediate area have design features that include second-story
structures above garage areas (1433 Caddington Drive, 28605 Mount Lassen
Lane). The proposed project will incorporate stucco finishes and a gable roof
design, which are consistent with the other homes in the neighborhood. The style of
a Spanish Colonial home will also be maintained in accordance with the style of the
other homes in the area.
I. The design of the proposed project, which sites the second-story addition primarily
along the front elevation of the project residence, includes the placement of
windows along the south and east/west elevations. Based on the configuration of
the residence and location of the proposed addition, the project will not result in an
unreasonable infringement of privacy because the proposed window locations
along the south or front façade of the addition as well as window locations along the
side or east/west facades provide views towards the public right-of-way along
Caddington Drive and the front yard of other properties where there is no
expectation of privacy. As such, this finding can be made.
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Section 3: 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
Wednesday, November 8, 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 Wednesday, November 8, 2023.
Section 4: 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. 2023-
15, approving the Height Variation Permit for the construction of a 456 ft2 second floor
addition to an existing 2,243 ft2 two-story residence for a new total structure size of 2,699
ft2 (garage included) at 1525 Caddington Drive, subject to the Conditions of Approval
contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 24th day of October 2023 by the following
vote:
AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, VICE CHAIR
SANTAROSA AND CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SAADATNEJADI
David Chura
Chair
P
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Brand '•rbe/ '!TCP
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2023-15
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2023-0008
(HEIGHT VARIATION PERMIT)
1525 CADDINGTON DRIVE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or the 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 180 days 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, 9:00AM to 5:00PM 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.
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 under canopies or on the building shall be covered with diffusing
lenses and shielded.
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 seven (7) days after a final
decision has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions:
20. The proposed project consists of the following improvements:
• Construct a 456 ft2 second-floor addition to an existing 2,243 ft2 two-story residence
for a new total structure size of 2,699 ft2 (garage included).
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
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surveyor or civil engineer prior to the framing inspection.
21. The height of the approved residence will measure 23.3 feet, as measured from the
lowest finished grade covered by structure (elev. 99.6 feet) to the highest roof
ridgeline (elev. 122.9 feet); and a height of 23.1 feet as measured from the highest
elevation of the existing grade covered by the structure (99.8 feet) to the highest
roof ridgeline (elev. 122.9 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 21.9-foot front, 12.7-foot west
side, 5-foot east side, and 37.6-foot rear.
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
23. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 52% lot coverage.
24. 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 feet 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.
25. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
26. No more than 50% of any existing interior and exterior walls or existing square
footage may be removed or demolished. Residential buildings that are remodeled
or renovated such that 50% or greater of any existing interior or exterior walls or
existing square footage is demolished or removed within a two-year period shall be
considered a new residence and shall then conform to all current development
standards for that zoning district and the most recently adopted version of the
California Building Code.
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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