PC RES 2019-009 P.C. RESOLUTION NO. 2019-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION, CONDITIONAL USE PERMIT AND SITE
PLAN REVIEW TO ALLOW THE DEMOLITION OF AN EXISTING
DETACHED GARAGE TO ACCOMMODATE THE CONSTRUCTION
OF A NEW 24'-7" TALL, 1,635FT2 TWO-STORY DETACHED
STRUCTURE CONSISTING OF A 780FT2 SECOND DWELLING
UNIT ABOVE AN 855FT2 THREE-CAR GARAGE (CASE NO.
PLHV2018-0010).
WHEREAS, on October 26, 2018, the Applicant submitted Height Variation,
Conditional Use Permit and Site Plan Review applications to demolish an existing
detached garage to accommodate the construction of a new two-story detached structure,
including a new three-car garage;
WHEREAS, on November 13, 2018, the application was deemed incomplete due to
missing information on the project plans. The Applicant submitted additional information on
several occasions, and on April 4, 2019, the application was deemed complete for
processing, setting the action deadline to June 3, 2019, in accordance to the Permit
Streamlining Act;
WHEREAS, on April 11, 2019, a public notice was published in the Palos Verdes
Peninsula News and mailed to all property owners within a 500' radius from the subject
property, providing a 30-day time period for the submittal of comments. No public
comments were received in response to the public notice;
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
15303(a) (New Construction) of the California Guidelines for Implementation of CEQA.
Specifically, the project proposes to construct a new second dwelling unit in a residential
zone;
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Municipal Code, the Planning Commission held a public hearing on May 14, 2019,
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:
P.C. Resolution No. 2019-09
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Section 1: The proposed project involves the demolition of an existing detached
garage to accommodate the construction of a new 24'-7" tall, 1,635ft2 two-story detached
structure consisting of a 780ft2 second dwelling unit above an 855ft2 three-car garage with
an 84ft2 balcony along the front façade.
Section 2: The Planning Commission finds that the Height Variation for the
construction of a new 1,635ft2 two-story detached structure exceeding the 16'/20' by-right
height is warranted based on the following findings:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining 19 (36%) property owner signatures within
the 500' radius, of which 4 (80%) are within the 100' radius, and provided proof of
notification to the local Homeowners' Association.
B. The proposed structure 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 or Coastal Specific Plan. The site is not
located near a turnout, park, thoroughfare, bikeway, or an equestrian trail.
C. The proposed structure is not located on a ridge or promontory. The project is
located on an existing building pad, similar to other lots within the developed area,
and is not located on a prominent mass of land that overlooks or projects onto a
lowland or body of water on two sides.
D. The proposed structure over 16', when considered exclusive of existing foliage,
does not significantly impair a view from the viewing area of another parcel. Due to
the topography in the area and the development of the tract, residences to the
north, east, and south of the subject lot do not contain views in the direction of, or
over the proposed project area. The closest properties to the west are located at
least 100' higher in elevation than the subject property and therefore, would not be
impacted by the proposed project.
E. There is no significant cumulative view impairment caused by granting the Height
Variation for the proposed structure over 16' in height since adjacent properties with
a similar project would not impair views from neighboring properties due to the
existing topography and lot orientation.
F. The proposed structure complies with all other Code requirements, including, but
not limited to the minimum required setbacks, height, and parking. The legal
nonconforming lot coverage may be maintained pursuant to RPVMC §17.84.030 as
the degree of nonconformity will not be intensified.
G. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale, architectural style, and setbacks. The immediate neighborhood
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incorporates various design elements and façade treatments that accent the
residences. The proposed project will replicate the same design elements as the
primary dwelling unit, consistent with the architectural style and materials commonly
found within the immediate neighborhood. The exterior finishes will be comprised of
smooth stucco, decorative stone accents, white vinyl window and door frames, and
a tile roof in a hip roof design. The portion of the front façade containing the entry
stairs leading up to the second dwelling unit has been recessed and stone veneer
accents are proposed in between the garage doors. Additionally, the proposed
balcony along the front façade is proposed to provide a visual break in the facade
that would help reduce the scale of the proposed project. The project site will
remain consistent with the scale of the surrounding neighborhood as the proposed
structure will be tucked into the northwest corner of the rear yard where only a
fraction of the roof will be readily visible from the street of access (Starline Drive).
Lastly, both adjacent properties to the north and south have two-story structures
which allows the proposed project to easily blend in with the immediate
neighborhood.
H. The proposed new structure that is above 16' in height does not result in an
unreasonable infringement of the privacy of the occupants of abutting residences.
The proposed balcony primarily faces a public street with limited views into the
neighboring property to the north due to the existing foliage along the side property
line. Furthermore, the clerestory window on the north façade will be placed 5' above
the finished floor to allow for the transmission of light and air only.
Section 3: The Planning Commission finds that the Conditional Use Permit for a
second dwelling unit which is not served by a public sanitary sewer system in the RS-2
zoning district is warranted based on the following findings:
A. The site is adequate in size and shape to accommodate the proposed use and for
all of the yards, setbacks, walls, fences, landscaping and other features required
by Title 17 (Zoning) or by conditions imposed under §17.60.050 to integrate said
use with those on adjacent land and within the neighborhood. Specifically, the
proposed project will replace the existing garage in the same general vicinity over a
developed area.
B. The site for the proposed use related to streets and highways is sufficient to carry
the type and quantity of traffic generated by the subject use. The project site is
served by Starline Drive, which is a public street with no curbs or sidewalk
improvements and can accommodate additional traffic that may be generated by a
new second unit. The additional trips that may be generated from the proposed
project will be negligible, including if the second unit will be occupied by additional
residents.
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C. In approving the proposed second dwelling unit at the project site, there will be no
significant adverse effect on adjacent properties or the permitted uses thereof as no
significant view impairments or privacy impacts to adjacent properties will occur
due to the topography, building layout, existing foliage, and distance between the
adjacent properties and the project site.
D. The proposed second dwelling unit is not contrary to the General Plan as it is
consistent with the goals and policies of the Land Use and Housing Elements to
preserve and enhance the visual character and physical quality of existing
neighborhoods and housing in a manner that serves the needs of the residents;
ensure the provision of decent and affordable housing to a wide range of
household types and income levels are provided for; and make sites available to
accommodate the City's share of the regional housing need and encourage the
development of a variety of housing types.
E. The project site is not located within an overlay control district.
F. Conditions necessary to protect the health, safety and general welfare, have been
imposed, which include, maintaining one enclosed parking space for the second
dwelling unit while the primary residence maintains two spaces within the garage;
recording a covenant to the title of the subject property memorializing the ownership
and occupancy requirements for the second dwelling unit; and prohibiting the
operation of short-term rentals.
Section 4: The Planning Commission finds that the Site Plan Review for the
detached two-story structure is warranted because it complies with all applicable Code
requirements, including, but not limited to, minimum required setbacks, height, and
parking. The legal nonconforming lot coverage may be maintained pursuant to RPVMC
§17.84.030 as the degree of nonconformity will not be intensified.
Section 5: 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
Thursday, May 30, 2019. A $2,275.00 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
Thursday, May 30, 2019.
Section 6: 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 Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code.
Section 7: For the foregoing reasons and based on the information and findings
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. 2019-
09, approving, with conditions, a Height Variation, Conditional Use Permit and Site Plan
Review to allow the demolition of an existing detached garage to accommodate the
construction of a new 24'-7" tall, 1,635ft2 two-story detached structure, subject to the
Conditions of Approval contained in the attached Exhibit "A."
PASSED, APPROVED AND ADOPTED this 14th day of May 2019, by the following
vote:
AYES: COMMISSIONERS JAMES, NELSON, PERESTAM, SANTAROSA, VICE
CHAIRMAN LEON, AND CHAIRMAN BRADLEY
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SAADATNEJADI
David Bradley
Chairman
Ara Mihranian,
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2019-09
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2018-0010
(HEIGHT VARIATION, SITE PLAN REVIEW AND CONDITIONAL USE PERMIT)
3420 STARLINE DRIVE
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and
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 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 of the Rancho Palos Verdes Municipal Code, the
Director of Community Development shall be 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 City's Municipal Code, 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 §17.86.060 of the City's Municipal Code or administrative citations as
described in §1.16 of the City's Municipal Code.
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
§17.86.070 of the City's Municipal Code within one year of the final effective date of
this 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 decision.
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. 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.
13. 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 §17.96.920 of the
Rancho Palos Verdes Development Code. During demolition, construction and/or
grading operations, trucks shall not park, queue and/or idle at the project site or in
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the adjoining street rights-of-way before 7AM Monday through Friday and before
9AM 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.
14. If 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, the Applicant shall provide temporary construction fencing, as
defined in §17.56.050(0) of the City's Municipal Code. 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. 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.
16. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
17. PRIOR TO ISSUANCE OF BUILDING PERMITS, all applicable soils/geotechnical
reports, if required by the Building and Safety Division, shall be approved by the
City's Geologist.
18. PRIOR TO ISSUANCE OF BUILDING PERMITS, an earth hauling permit shall be
approved by the Public Works Department.
19. 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
20. This approval shall allow for the following:
• Demolition of the existing 468ft2 detached garage;
• Construction of a new 1,635ft2 two-story detached structure consisting of a
780ft2 second dwelling unit above an 855ft2 three-car garage; and
• Construction of an 84ft2 balcony along the front façade; and
• Installation of new landscaping in the rear yard.
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BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
21. The height of the approved structure will be 24'-1", as measured from highest
elevation of the existing grade covered by the structure (elev. 1,220'-6") to the
highest proposed roof ridgeline (elev. 1,244.7'); and an overall height of 24'-7", as
measured from lowest finished grade adjacent to the structure (elev. 1,220') to the
highest proposed roof ridgeline (elev. 1,244.7'). 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 approved structure shall maintain a 108'-10" front yard setback, a 11'-2" north
side yard setback, 81'-8" south side yard setback, and a 16'-6" rear yard setback.
23. Unless modified by the approval of future planning applications, the approved
project shall maintain the nonconforming 45% lot coverage.
24. Unless modified by the approval of future planning applications, the approved
second dwelling unit shall include, in accordance with the Uniform Building Code,
one full bathroom and one kitchen and shall not include any additional bathrooms or
kitchens. The second dwelling unit shall also be limited to a maximum of two
bed rooms.
25. The approved second dwelling unit shall share the same entrance/exit as the
primary unit. Exterior stairs leading to a second unit located on the second level of a
primary unit shall be prohibited, unless the stairs are leading to and/or connected to
a common hallway, deck or entry, rather than a specific room.
26. PRIOR TO ISSUANCE OF BUILDING PERMITS, the Applicant shall record a
covenant stating that the primary unit and second dwelling unit shall remain under
the same ownership and that the second dwelling unit shall not be sold separately
from the primary unit in order to maintain the right to have an occupancy
certification.
27. Either the primary dwelling unit or the second dwelling unit shall be owner occupied
in order for the second dwelling unit to qualify for and maintain the right to have an
occupancy certification.
28. The project site shall maintain a minimum of three-enclosed parking spaces at all
times, of which one-enclosed parking space shall be designated for the second
dwelling unit. On-site parking shall conform to the parking requirements described
in RPVMC § 17.02.030 for the primary residence and the designated parking space
for the second dwelling unit shall not be tandem, or block the access of, the parking
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areas for the primary residence.
29. Pursuant to RPVMC §17.02.026, no person shall operate a short-term rental in any
residential zoning district in the City.
30. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
31. Any outdoor furnishings, accessories or plants located on the balcony shall not
exceed a height of 8'-0" feet or the bottom of the roof eave, whichever is lower, as
measured from the finished floor of the deck.
32. 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.
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