PC RES 2021-010 P.C. RESOLUTION NO. 2021-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION PERMIT, MINOR EXCEPTION PERMIT,
SITE PLAN REVIEW, AND MINOR GRADING PERMIT FOR THE
CONSTRUCTION OF AN 844 FT2 ADDITION TO AN EXISTING
TWO-STORY RESIDENCE MEASURING 26 FEET IN HEIGHT AND
ANCILLARY SITE IMPROVEMENTS AT 3408 GULFCREST DRIVE
(CASE NO. ZON2017-00011).
WHEREAS, on January 1, 2017, Sorin Done, on behalf of property owner Sajid
Veera (collectively, "Applicant") submitted Height Variation Permit, Minor Exception
Permit, Site Plan Review, and Minor Grading Permit applications, requesting approval to
construct, additions to an existing two-story residence with ancillary site improvements
located at 3408 Gulfcrest Drive, in the City of Rancho Palos Verdes; and
WHEREAS, on January 31, 2017, 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 May 20, 2021, staff deemed the application complete for processing,
setting the action deadline to July 19, 2021; and
WHEREAS, on May 20, 2021, 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
15303(e)(Existing Facilities) of the CEQA Guidelines. More 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 June 22, 2021, 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:
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Section 1: The proposed project involves the construction of an 844 ft2 addition
to an existing 3,941 ft2 two-story residence, consisting of 441 ft2 to the first floor and 403 ft2
to the second floor, resulting in a new total structure size of 4,785 ft2 (garage included);
and construction of ancillary site improvements including a 55 ft2 balcony in the front
facade and a 57 ft2 balcony along the rear façade, new hardscape and landscaping in the
front and south side yards, and four caissons up to 20 feet deep to support the proposed
addition.
Section 2: The Planning Commission finds that the Height Variation Permit for
the construction of an 844 ft2 addition to an existing two-story residence which exceeds the
16 feet/20 feet 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 7 signatures (70%) from properties within
100 feet and 27 signatures (43%) from properties within 500 feet of the project site,
where there is no active local Homeowners' Association existing in the
neighborhood.
B. The proposed 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. There are no public viewing areas or viewing sites in
the immediate vicinity that looks over the project site and the property is not located
within the City's Coastal Zone or any other City specific plan.
C. The proposed residence 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 a 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. The residences located in the vicinity observe views
oriented to the southwest, which consist of the ocean and offshore islands. The
residences to the northeast and southwest of the project site are situated on pad
elevations that are at least 50 feet higher or lower than the project site. In addition,
the only abutting property with a residential development is located to the northwest
which is built parallel to the project site, and therefore, does not have a view in the
direction of, or over the project site. Therefore, the project will have no significant
impacts to views.
E. There is no significant cumulative view impairment caused by granting the Height
Variation Permit since the adjacent properties surrounding the project site are
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already improved with two-story residences where no further view impairment can
be created from these properties.
F. The proposed structure complies with all other Code requirements, including, but
not limited to parking, maximum allowed lot coverage, and building height. The
legal nonconforming front yard setback may be maintained pursuant to RPVMC
§17.84.030 as the degree of nonconformity will not be intensified.
G. The proposed residence is compatible with the character of the immediate
neighborhood in terms of the scale, architectural style, and setbacks. The majority
of the existing neighborhood is comprised of various design elements and façade
treatments that accent the residences. As designed, the proposed residence will be
similar to other residences found within the surrounding neighborhood and replicate
the architectural style of the existing residence. The appearance of bulk and mass
of the proposed residence will be minimized by the undulated setbacks, multiple
roof ridgelines, extended roof overhangs, and the inclusion of balconies. The
proposed project is surrounded by other two-story residences with similar building
heights, and will continue to provide adequate light and air between properties.
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
abutting residences. Specifically, the proposed balcony along the front façade will
face a public street where the closest property is at least 50 feet higher in elevation.
Furthermore, the existing two-story residence already has windows looking into the
same general direction as the proposed second-story addition where the closest
property is located at least 100 feet lower and 270 feet away from the project site.
As any views of the abutting neighbor's rear yard to the southeast of the project site
is already visible from the existing two-story residence, the proposed second-story
windows and balconies will not create additional privacy impacts.
Section 3: The Planning Commission finds that the Minor Exception Permit (MEP)
to reduce the code required 20-foot setback is warranted for the proposed addition at a
16.25-foot front yard setback based on practical difficulties. Specifically, the project site is
a triangular-shaped lot with steep transitional slopes beyond the limited building pad area
that will require grading on the extreme slope to expand the building pad towards the, rear
of the lot to comply with the 20-foot front yard setback. As this alternative will entail costly
and excessive grading, which may not meet all of the City's grading criteria, granting the
MEP is the best option.
Section 4: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements, which include a 55ft2 balcony in the front façade, a
57 ft2 balcony in the rear façade, and new hardscape and landscaping in the front and
south side yards are warranted as the improvements comply with all applicable Code
requirements. The legal nonconforming front yard setback may be maintained pursuant to
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RPVMC §17.84.030 as the degree of nonconformity will not be intensified by the proposed
addition.
Section 5: The Planning Commission finds that the Minor Grading Permit to
construct four caissons up to 20 feet deep to support the proposed addition in the south
side yard can be warranted as the proposed grading, is not excessive and necessary for
the primary use of the designated zoning district (RS-3), and generally complies with the
grading criteria set forth in RPVMC §17.76.040(E).
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
letter must be filed within 15 calendar days of the date of this decision, or by 4:30 p.m. on
Friday, July 9, 2021. 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 4:30 p.m. on
Friday, July 9, 2021.
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
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. 2021-
10, approving the Height Variation Permit, Minor Exception Permit, Site Plan Review, and
Minor Grading Permit for the construction of an 844 ft2 addition to an existing two-story
residence measuring 26 feet in height and ancillary site improvements, subject to the
Conditions of Approval contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 22nd day of June 2021, by the,following
vote:
AYES: COMMISSIONERS CHURA, HAMILL, SAADATNEJADI, SANTAROSA, VICE-
CHAIRMAN PERESTAM, AND CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
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l 'P'e ,r_,., d;',.—_,
Gordon Leon
Chair
4&___ —
Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. ZON2017-00011
(HEIGHT VARIATION PERMIT, MINOR EXCEPTION PERMIT, SITE PLAN
REVIEW, AND MINOR GRADING PERMIT)
3408 GULFCREST 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
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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 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
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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
§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 an 844 ft2 addition to an existing 3,941 ft2 two-story residence,
consisting of 441 ft2 to the first floor and 403 ft2 to the second floor, resulting in a
new total structure size of 4,785 ft2 (garage included);
B. Demolition and removal of existing improvements encroaching into the
southeast parcel (APN: 7564026027) of the project site; and,
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C. Construction of ancillary site improvements including a 55 ft2 balcony in the front
facade and a 57 ft2 balcony along the rear façade, new hardscape and
landscaping in the front and south side yards, and four caissons up to 20 feet
deep to support the proposed addition.
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 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 24.99 feet, as measured from highest elevation of the existing grade
covered by the structure (elev. 102.61 feet) to the highest proposed roof ridgeline
(elev. 127.6 feet); and an overall height of 26 feet, as measured from lowest
finished grade adjacent to the structure (elev. 101.6 feet) to the highest proposed
roof ridgeline (elev. 127.6 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 10-foot front, 4.5-foot north side,
and a 14.5-foot south side. The proposed addition shall maintain a 16.25-foot front
yard setback. 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-3 zoning district shall maintain a maximum of 44% 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. 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.
25. 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.
26. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
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27. 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.
28. 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.
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.
31. An earth hauling permit shall be approved by the Public Works Department.
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