PC RES 2021-014 P.G. RESOLUTION NO. 2021-14
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 769 FT2 ADDITION TO AN EXISTING 2,288
FT2 TWO-STORY RESIDENCE CONSISTING OF A 718 FT2
SECOND-FLOOR ADDITION AND A 51 FT2 FIRST-FLOOR
ADDITION FOR A NEW TOTAL STRUCTURE SIZE OF 3,057 FT2
(GARAGE INCLUDED) ALONG WITH A NEW 35 FT2 COVERED
PORCH AT 28520 S. MONTEREINA DRIVE (CASE NO. PLHV2021-
0008).
WHEREAS, on March 30, 2021, Raul Podesta, on behalf of the property owners
Kristina and James Cobuzzi (collectively, "Applicant") submitted Height Variation Permit and
Site Plan Review applications to the Community Development Department requesting
approval to construct first- and second-story additions to an existing two-story residence at
28520 S. Montereina Drive; and
WHEREAS, on May 25, 2020, 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 28, 2021, staff deemed the application complete for processing, setting the action
deadline to August 28, 2021; and
WHEREAS, on July 1, 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 subject
property, 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 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 August 10, 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 proposed project involves the construction of a 769 ft2 addition to
an existing 2,288 ft2 two-story residence, consisting of a 51 ft2 addition to the first floor and
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a 718 ft2 addition to the second floor, resulting in a new total structure size of 3,057 ft2
(garage included); and construction of a 35 ft2 covered porch.
Section 2: The Planning Commission finds that the Height Variation Permit for the
construction of a 718 ft2 second-floor addition to an existing two-story residence, which
exceeds the 16'/20' 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 13 signatures (100%) from properties within
100 feet and 61 signatures (37%) from properties within 500 feet of the project site,
and the local Homeowners Association (Palo de Encino) is not currently active
B The proposed additions do 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 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 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 primarily towards
to the north and east, consisting of city lights (San Pedro), the harbor, the ocean, and
the Chino Hills and Hacienda Hills. The residences to the north of the project site
are located on building pads with similar elevations as the subject property, and so
have no views over the project site. The residences to the south' of the project site
are located on increasingly higher building pads as compared to the project site.
However, these properties primarily enjoy the views to the east, and if there are any
views to the north over the project site, they would already be obscured by the
existing second story at the subject property. The residences to the west across
Montereina Drive have similar pad elevations as compared with the project site, and
so have no views over the project site. The residences to the west of the project site
along W. Toscanini Drive and Rockinghorse Road are located at higher pad
elevations than the subject property. Staff visited one of the properties at 2021 W
Toscanini Drive, on the north side of W. Toscanini Drive, and determined that there
will be no significant view impairment caused by the project More specifically, the
primary view frames from this property are oriented towards the north, and any
potential views towards the east, over the project site are already impaired by the
other homes on the same side of W Toscanini Drive.
The residences, on the south side of W. Toscanini Drive, and on the, east side of
Rockinghorse Road also observe views in the direction of the project site. As the
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second-story addition will extend only minimally into a protected view, or not at all,
this would not create a significant view impairment. Therefore, no portion of the
proposed structure above 16 feet in height will significantly impair views from
viewing areas of the neighboring properties and this finding can be made
E The addition to the existing structure that is above 16 feet in height is designed and
situated in such a manner as to reasonably minimize the impairment of a view, as
the maximum potentially allowed height with a Height Variation permit is 26 feet and
the proposed project extends only up to 22.1 feet in height.
F. There is no significant cumulative view impairment caused by granting the Height
Variation since most of the adjacent properties surrounding the project site are
already improved with two-story residences, and even if a similar second-story
addition were to be added, they would impair a minor portion of the lower periphery
of the views, which would not be considered a significant impairment
G. The proposed structure complies with all other Code requirements, including, but not
limited to the minimum required setbacks, height, and parking.
H. 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 residences that resemble California Ranch
style homes with elements found in other architectural styles. As designed, the
proposed project incorporates similar design features found within the surrounding
homes with a mix of horizontal and vertical sidings, brick accents, and a gable roof
design with shingles. In addition, the appearance of bulk and mass of the proposed
residence will be minimized by the varying design elements that provide articulation
such as the varying materials, windows of different sizes, and the chimney extension
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 by complying with the required setbacks.
I 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 new front and street-side windows face the street, where
there is no expectation of privacy. The new windows proposed along the rear façade
will not create an unreasonable infringement of privacy, as the neighbors' rear yards
to the north and east are already visible from the existing second-story window
Additionally, the additional second-story windows will be located closer to the street
and away from the rear yards of the adjacent properties.
Section 3: The Planning Commission finds that the Site Plan Review for the
proposed 51 ft2 one-story entry addition, and a 35 ft2 covered porch are warranted as the
improvements comply with all applicable Code requirements, including, but not limited to,
minimum required setbacks, height, and parking
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Section 4: 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,
August 25, 2021. A $3,100 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,
August 25, 2021.
Section 5: 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 6: 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.0 Resolution No 2021-
14, approving a Height Variation Permit and Site Plan Review for the construction of a 769
ft2 addition to an existing 2,288 ft2 two-story residence consisting of a 718 ft2 second-floor
addition and a 51 ft2 first-floor addition for a new total structure size of 3,057 ft2 (garage
included) along with a new 35 ft2 covered porch, subject to the Conditions of Approval
contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 10th day of August 2021, by the following
vote.
AYES. COMMISSIONERS CHURA, JAMES, LEON, SANTAROSA, VICE-CHAIR
HAMILL AND CHAIR PERESTAM
NOES: NONE
ABSTENTIONS: NONE
RECUSALS. NONE
ABSENT' COMMISSIONER SAADATNEJADI
f","
Step en Perestam
Chair
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. PLHV2021-0008
(HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW)
28520 S. MONTEREINA 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 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 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 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`
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calendar days shall provide temporary construction fencing, as defined in RPVMC
§17.56.050(0). 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 a 769 ft2 addition to an existing two-story residence,
consisting of 51 ft2 first floor entry addition, a 35 ft2 covered porch, and a
718 ft2 second floor addition, resulting in a new total structure size of 3,057
ft2 (garage included).
B. Extension of the existing chimney up to the new portion of the second story
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
21.73 feet, as measured from highest elevation of the existing grade covered by the
structure (elev. 99.87 feet) to the highest proposed roof ridgeline (elev 121 6 feet);
and an overall height of 22.1 feet, as measured from lowest finished grade adjacent
to the. structure (elev 99.5 feet) to the highest proposed roof ridgeline
(elev. 121.6 feet).
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21. The proposed residence shall maintain setbacks of 20.66 feet front, 5 feet side, 10
feet street-side, and 28.66 feet rear.
22 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.
23. The fireplace chimney may project up to 2 feet into the street-side setback.
24 Unless modified by the approval of future planning applications, the approved project
shall maintain the maximum allowed lot coverage of 52%.
25 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
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.
27. 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
28 All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
PRIOR TO BUILDING PERMIT ISSUANCE
29. 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.
30 If required by Building & Safety, a drainage plan shall be reviewed and approved by
the Public Works Department
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