PC RES 2021-011 P.C. RESOLUTION NO. 2021-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION AND SITE PLAN REVIEW TO CONSTRUCT
A 811 FT2 ADDITION TO AN EXISTING TWO-STORY RESIDENCE
AND ANCILLARY SITE AT 30439 CALLE DE SUENOS (CASE NO.
PLSR2020-0150).
WHEREAS, on June 29, 2020, Christopher Peng (Applicant), submitted Height
Variation Permit and Site Plan Review applications to the Community Development
Department, requesting approval to construct an 811 ft2 addition to an existing two-story
residence and ancillary site at 30439 Calle De Suenos; and
WHEREAS, on July 29, 2020, staff completed the 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 13, 2021, staff deemed the application complete for processing; and
WHEREAS, on May 20, 2021, the City issued a notice for a public hearing to be
held on June 22, 2021 before the Planning Commission to consider the project. The notice
was published in the Palos Verdes Daily Breeze and mailed to all property owners within a
500-foot radius from the project 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 under Article 19, §15303(e) (Existing Facilities), the City's Local CEQA
Guidelines, the proposed project has been found to be categorically exempt under Section
15303 (Existing Facilities) of the CEQA Guidelines. Specifically, the project involves the
construction of an 811 ft2 addition in the RS-3 zoning district, which is a residential zone.
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:
Section 1: The recitals above are true and correct incorporated herein by
reference.
Section 2: The project involves the construction of an 811 ft2 addition to an
existing two-story residence and ancillary site at 30439 Calle De Suenos.
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Section 3: The Planning Commission finds that the Height Variation Permit for
the construction of a 175 ft2 second-floor addition, 636 ft2 single-story addition and the
conversion of a 228 ft2 enclosed third car garage into habitable space to an existing 3,147
ft2 two-story residence for a new total structure size of 3,958 ft2 (garage included)
measuring 24.41 feet in height, which exceeds the 16 feet /20 feet by-right height limit is
warranted based on the following:
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 22 signatures (27%) within 500 feet of the project site and have
provided required notifications.
B. The City's General Plan identifies viewing points as turnouts along vehicular
corridors for the purposes of viewing, and viewing sites as public site areas, which
due to their physical locations on the Peninsula, provide a significant viewing
vantage. Views in the area are observed in a westerly direction, consisting of the
ocean and Catalina Island. There are no viewing points or viewing sites in close
proximity to the site and the project site is not located within the City's Coastal Zone
or any other City specific plan.
C. The residence will not be 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 project will not significantly impair a far or near view from the viewing area of
another property due to the orientation and location of the lots and topography of
the area. Based on aerial surveys and site visits to properties, views in the area are
observed in a westerly direction and consist of near view of the down sloping
hillside and a far view of the ocean and Catalina Island. Views as observed from
properties to the west of the project site will not be impaired, as these properties are
located approximately 60 feet below the subject site and observe views in the
opposite direction of the project site. The 175 ft2 second-story addition is proposed
on the southeastern portion of the existing residence where there is an intersection
between Calle De Suenos and Avenida De Calma, with no homes directly in-front of
the project site. Due to the fact the second-floor addition is small in scale and the
location of the addition is in the immediate area of a street intersection, the project
will not significantly impair views to the properties to the east of the subject
property. The abutting properties to the north and south of the project site are
situated parallel to each other and share the same view frame with no views in the
direction of, or over, the proposed project. As such, the project will not significantly
impair a view from the viewing area of another property.
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E. There is no view impairment from the viewing area of another parcel due to the
location of the site, topography in the area and the small scale of the proposed
addition minimally over 16 feet in height.
F. There is no significant cumulative view impairment caused by granting the Height
Variation because there will be no view impairment for portions of the structure
which exceed the 16 feet in height as seen from the viewing area of another parcel
located within the City's jurisdiction. Furthermore, an analysis of similar
construction on adjacent parcels at 30429, 30505 and 30423 Calle De Suenos
would not result in a significant view impairment given the relatively flat topography
between the homes to the east and the homes being considered. Most views
would be impaired by the by-right constriction of these homes and therefore there
would be no significant cumulative view impairments created from these
properties.
G. The project complies with all other Code requirements, including, but not limited to,
minimum required setbacks, maximum allowed lot coverage and parking.
H. The project is compatible with the character of the neighborhood. The structure size
of the proposed project (3,958 ft2) will be below the largest in the area (4,155 ft2)
but above the neighborhood average of 3,128 ft2. The immediate neighborhood is
comprised of a mix single-story and two-story residences that range in size
between 2,568 ft2 to 4,155 ft2. The scale of the residence will remain consistent with
the streetscape as the proposed addition is focused at the rear of the first floor and
not readily visible from the street of access.
The project is within the maximum allowable lot coverage in the RS-3 zoning district
(45%), as the project will be at 29% lot coverage. Based on an aerial survey, the
immediate neighborhood contains properties with similar lot size and lot coverage.
The immediate neighborhood is comprised of one- and two-story residences that
incorporate various design elements and façade treatments. The architectural style
of the proposed residence will be similar to other residences found within the
surrounding neighborhood and replicate the elements of the existing residence
such as wood cladding, glass, stucco and a shingle roof, all of which are consistent
with the immediate neighborhood. While some new exterior façade materials are
being introduced, the design of the existing residence will be maintained. The
proposed project will not alter the two-story design of the existing residence and the
height of the residence will be raised from 23.20 feet to 24.41 feet. The 175 ft2
second-story addition will partially enclose an existing balcony and a new roof pitch
will incorporate various roof eaves to provide a balanced scale with the immediate
neighborhood. Furthermore, the second-story addition will not add to the footprint of
the existing residence. The first-floor addition is primarily proposed in the rear of the
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residence with a small entry addition to further enhance articulation from the public
right of way. Therefore, there are no concerns will the bulk and mass of the first-
floor addition. The project will exceed the required minimum setbacks between
adjacent properties that allow sufficient light, air, and privacy between structures.
The project exceeds the required setbacks in the rear and north and south side
yard. The existing residence has a legal nonconforming front yard setback at 12'-9",
but the proposed addition will be setback 20 feet from the front property line which
is in compliance with the development standards set forth in RPVMC §17.02(C)(2).
Based on an aerial survey, the setbacks in the immediate neighborhood vary with a
mix of nonconforming setbacks to significantly larger ones due to the topography
and layout of the customized homes.
I. The second-floor addition will partially enclose an existing balcony along the south
façade of the residence and does not include the placement of any windows,
therefore will not result in any infringement of privacy to abutting residences. A
40 ft2 balcony will observe views of the public right-of-way on Calle De Suenos and
a new 237 ft2 balcony is proposed at the rear or west façade. Views toward the
abutting properties to the south and north will be very limited due to the dense
foliage along the shared property lines. As the proposed 237 ft2 balcony is to
replace an existing balcony in the same location, the new balcony will not introduce
any new views that are not already observed.
Section 4: The Site Plan Review is approved for the 811 ft2 addition and ancillary
site improvements, which includes the construction of three rear attached patio covers
totaling 246 ft2, an improved 57 ft2 entry patio, a 237 ft2 rear balcony, 40 ft2 balcony on the
front façade, the installation of four new skylights, a new freestanding gate along the south
side yard, relocation of mechanical equipment and related hardscape improvements. The
proposed ancillary improvements comply with all applicable Code requirements for the
RS-3 zoning district, including, but not limited to, minimum required setbacks, accessory
structure heights, and maximum allowed lot coverage.
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
Wednesday, July 7, 2021. A $2,275.00 appeal fee must accompany any appeal letter. The
City Council's decision is final if no appeal is filed timely: The Planning Commission's
decision will be final at 5:30 p.m. on Wednesday, July 7, 2021.
Section 6: Any challenge to the City Council's decision 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 RPVMC.
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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
Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2021-
11, a Height Variation and Site Plan Review applications, to construct an 811 ft2 addition
to an existing two-story residence 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: CHAIR LEON, VICE-CHAIR PERESTAM, COMMISSIONERS CHURA,
HAMMILL, JAMES, SANTAROSA AND SAADARNEJADI
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Gordon Leon
Chair of the Planning Commission
•
Ken Rukavina, P.E.
Director of Community Development
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. PLSR2020-0150
(HEIGHT VARIATION AND SITE PLAN REVIEW)
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
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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, 9:00AM 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.
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. 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. 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.
20. 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:
21. This approval shall allow for the following improvements:
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• Construct an 811 ft2 addition consisting of a 175 ft2 second-story addition,
636 ft2 single-story addition and the conversion of a 228 ft2 enclosed third car
garage into habitable space to an existing 3,147 ft2 two-story residence for a
new total structure size of 3,958 ft2 (garage included);
• Reduce an existing balcony to 40 ft2 along the southeastern or front façade
of the residence;
• Construct three attached trellises with a total area of 246 ft2 as well as a 237
ft2 balcony along the western or rear façade of the residence; and
• Construct ancillary site improvements including the construction of an
improved 57 ft2 entry patio, the installation on four new skylights, a new
freestanding gate along the south side yard, relocation of mechanical
equipment and related hardscape improvements.
22. The height of the approved project shall be as depicted on the stamped APPROVED
plans and in no case shall the maximum height extend above a height of 24.41
feet, as measured from the lowest finished grade adjacent to the structure (elev.
488.20 feet) to the highest proposed roof ridgeline (elev. 512.61 feet), and 23.75
feet, as measured from the highest elevation of the existing grade covered by the
structure (elev. 488.86 feet) to the highest proposed roof ridgeline (elev. 512.61
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.
23. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 29% lot coverage.
24. The proposed addition shall maintain setbacks of 20 feet front, 9 feet north side, 6
feet south side, and 170 feet-6 inches rear. SETBACK CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR
TO POURING FOUNDATIONS.
25. 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
Uniform Building Code.
26. 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.
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27. All colors and materials for the structure and roof shall be as shown in the stamped
approved plans.
28. 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.
29. The approved A/C units shall comply with the required side setbacks and shall be
screened from view from adjacent public right-of-way with foliage or other
appropriate screening.
30. The maintenance or operation of mechanical equipment, including but not limited
to AC units or pool filters, generating noise levels in excess of 65dBA as measured
from the closest property line shall constitute a public nuisance in accordance to
Chapter 8.24 of the RPVMC.
31. 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.
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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