PC RES 2022-001 P.C. RESOLUTION NO. 2022-01
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 DEMOLITION OF 63% OF THE EXISTING 2,280 FT2 SINGLE-
STORY RESIDENCE TO ACCOMMODATE THE CONSTRUCTION
OF A NEW 973 FT2 ADDITION, CONSISTING OF 35 FT2 TO THE
FIRST FLOOR AND 938 FT2 TO THE SECOND FLOOR,
RESULTING IN A 3,253 FT2 TWO-STORY RESIDENCE
MEASURING 23.54 FEET IN HEIGHT WITH ANCILLARY
IMPROVEMENTS AT 5119 SILVER ARROW DRIVE (CASE NO.
PLHV2020-0009).
WHEREAS, on December 9, 2020, Stefanie Haering, on behalf of property owners
Alex and Adrienne Kim (collectively, "Applicant"), submitted Height Variation Permit and
Site Plan Review applications, requesting approval to demolish 63% of the existing
2,280 ft2 single-story residence to accommodate the construction of a new 973 ft2 addition,
consisting of 35 ft2 to the f i rst Vfl oor and 938 ft2 to the second floor, resulting in a 3,253 ft2
two-story residence measuring 23.54 feet in height, with ancillary improvements, located
at 5119 Silver Arrow Drive, in the City of Rancho Palos Verdes; and
WHEREAS, on January 7, 2021, 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
December 7, 2021, staff deemed the application complete for processing, setting the
action deadline to February 5, 2022; and
WHEREAS, on December 9, 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 (New Construction) of the California Guidelines for Implementation of CEQA.
Specifically, the project involves the demolition of 63% of an existing single-story
residence to accommodate the construction of a larger two-story residence in the RS-5
zoning district, which is a residential zone;and
WHEREAS, the Planning Commission held a public hearing on January 25, 2022,
at which time all interested parties were given an opportunity to be heard and present
evidence.
P.C. Resolution No. 2022-01
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NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the demolition of 63% of the existing
2,280 ft2 single-story residence to accommodate the construction of a new 973 ft2 addition,
consisting of 35 ft2 to the first floor and 938 ft2 to the second floor, resulting in a 3,253 ft2
two-story residence measuring 23.54 feet in height with ancillary improvements including a
197 ft2 roof deck at the northwest corner of the residence, a new air conditioning unit at the
east side yard, and one skylight.
Section 2: The Planning Commission finds, that the Height Variation Permit for
the construction of a new 973 ft2 addition to an existing single-story residence, resulting in
a 3,253 ft2 two-story residence, which exceeds the 16 feet/20 feet by-right building 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 seven signatures (87%) from properties
within 100 feet and twenty-two signatures (31%) from properties within 500 feet of
the project site, in which there is no active Homeowners'Association.
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 viewing points or viewing sites that will
be impacted due to the location of the project site and the topography in the
immediate area 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 the 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. Specifically, the residences to the east of the project site will
continue to observe views of the Los Angeles Basin as their viewing area does not
look over, or in the direction of the project site. In addition, the residences to the
west and south of the project site are on similar pad elevations, and therefore, any
protected views will be impaired by the by-right building height envelope of
16 feet/20 feet. Lastly, there are no residences to the north of the project site as it
abuts Hawthorne Boulevard which is more than 60 feet below the project site's
building pad area.
P.C. Resolution No. 2022-01
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E. There is no significant cumulative view impairment caused by granting the Height
Variation Permit since the adjacent properties surrounding the project site are either
already improved with two-story residences where no further view impairment can
be created from these properties, or due to the existing topography where there will
be no significant view impairments if similar projects were to be constructed on
single-story home.
F. The proposed structure complies with all other Code requirements, including, but
not limited to setbacks, parking, maximum allowed lot coverage, and building
height.
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 architectural style of the
proposed additions will replicate the elements of the existing residence and be
similar to other residences found within the surrounding neighborhood. The
appearance of bulk and mass of the proposed residence will be minimized by the
undulated setbacks on the second story, multiple roof ridgelines, varying exterior
finishes and belly trim between the first and second stories, as well as the inclusion
of a new roof deck. There are two other homes in the immediate neighborhood that
are two-story residences appearing to have similar building heights, and the
proposed residence 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 rear yard of the neighboring property to the
east (i.e., 5113 Silver Arrow Drive) is already visible from the project site's rear
patio area. Furthermore, the neighboring property to the west (i.e., 5125 Silver
Arrow Drive) has an existing trellis over the patio areas in the rear yard and dense
foliage on the lot that precludes significant views into their rear yard. It should be
noted that the Applicant plans to incorporate landscaping along the shared property
line with the neighboring property to the west to act as a visual barrier to screen any
available views. In addition, the rear façade windows and roof deck primarily face
the down-sloping rear yard and the Palos Verdes Peninsula High School located
across the street from the project site. Lastly, the proposed windows along the west
façade are either clerestory windows or narrow in width that minimize views into the
neighboring property.
Section 3: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements, which indude a 197 ft2 roof deck at the northwest
corner of the residence, a new air conditioning unit at the east side yard, and one skylight
are warranted as the improvements comply with all applicable Code requirements.
P.C. Resolution No. 2022-01
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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
Thursday, February 10, 2022. 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
Thursday, February 10, 2022.
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.C. Resolution No. 2022-
01, approving the Height Variation Permit and Site Plan Review for the demolition of 63%
of the existing 2,280 ft2 single-story residence to accommodate the construction of a new
973 ft2 addition, consisting of 35 ft2 to the first floor and 938 ft2 to the second floor,
resulting in a 3,253 ft2 two-story residence measuring 23.54 feet in height with ancillary
improvements, subject to the Conditions of Approval contained in the attached Exhibit"A".
PASSED,APPROVED AND ADOPTED this 25th day of January 2022 by the following
vote:
AYES: COMMISSIONERS CHURA, NELSON, NULMAN, SAADATNEJADI,
SANTAROSA, VICE-CHAIR HAMILL, AND CHAIR PERESTAM
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Step en Perestam
Chair
Ken Ru kavin a,PE
Director of Community Development;and,
Secretary of the Planning Commission
P.C. Resolution No. 2022-01
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2020-0009
(HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW)
5119 SILVER ARROW 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 th is 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.
P.C. Resolution No. 2022-01
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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 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
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(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 distancebetween 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 th a following:
A. Demolition of 63% of an existing 2,280 ft2 single-story residence to
accommodate the construction of a new 973 ft2 addition, consisting of 35 ft2 to
the first floor and 938 ft2 to the second floor, resulting in a two-story residence
with a total structure size of 3,253 ft2; and,
B. Construction of ancillary improvements, including a 197 ft2 roof deck at the
northwest corner of the residence, a new air conditioning unit at the east side
yard, and one skylight.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
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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 22.85, feet, as measured from highest elevation of the existing grade
covered by the stru ctu re (elev. 1,008.85 feet) to the highest proposed roof ridgeline
(elev. 1,031.7 feet); and an overall height of 23.54 feet, as measured from lowest
finished grade adjacent to the structure (elev. 1,008.16 feet) to the highest
proposed roof ridgeline (elev. 1,031.7 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 18.19 feet front, 5.21 feet east
side, 5 feet west side, and a 132.58 feet rear. 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-5 zoning district shall maintain a maximum of 31% lot
coverage.
23. The project site shall maintain a minimum of two endosed 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 un en dosed parking space shall have an unobstructed ground space
of no less than 9 feet in width by 20 feet in depth.
24. The height of the proposed skylights shall not exceed the highest ridgeline of the
house.
25. The approved air conditioning 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.
26. 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.
27. 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.
28. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
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29. Any outdoor furnishings, accessories or plants located on the roof deck 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.
30. Any outdoor furnishings, accessories or plants located on the roof deck 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
31. All applicable soils/geotechnical reports, if required by the Building and Safety
Division,shall be approved by the City's Geologist.
32. A drainage plan shall be reviewed and approved by the Public Works,Department.
33. An earth hauling permit shall be approved by the Public Works Department.
PRIOR TO CERTIFICATE OF OCCUPANCY
34. The Applicant shall submit complete Landscape Plans and associated Trust
Deposit to the Planning Division for review and approval by the Director of
Community Development. The final approved landscaping shall be installed prior to
issuance of a Certificate of Occupancy for the residence. The landscape plans may
be required to comply with the State of California Water Efficient Landscape
requirements,as determined by the City's Landscape Architect.
Upon completion of the installation of the landscaped areas or altered landscaped
area subject to RPVMC §15.34.100, the project Applicant shall submit a certificate
of completion, in the form provided by the City, for review and approval by the
Director of Community Development. The certificate of completion shall be
executed by either the licensed landscaped architect, licensed landscape contractor
or the certified irrigation designer that signed any of the documents submitted as
part of the landscape documentation package.
35. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site prior to Certificate of
Occupancy.
P.C. Resolution No. 2022-01
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