PC RES 2022-007 P.C. RESOLUTION NO. 2022-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
HEIGHT VARIATION PERMIT, MAJOR GRADING PERMIT, AND
SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW TWO-
STORY 3,531 FT2 SINGLE FAMILY RESIDENCE AND A 400 FT2
GARAGE (3,931 FT2 TOTAL STRUCTURE SIZE) WITH
COMBINATION WALLS UP TO 7.5 FEET IN HEIGHT ALONG WITH
ANCILLARY SITE IMPROVEMENTS AND 699 YD3 OF
ASSOCIATED GRADING AT 10 ROCKINGHORSE ROAD (CASE
NO. PLHV2018-0001).
WHEREAS, on February 14, 2018, Mr. Ben Amor Abdelhamid, the property owner
("Applicant") submitted Height Variation Permit, Major Grading Permit, and Site Plan Review
applications to the Community Development Department requesting approval to construct
a new residence and garage with 699 yd3 of associated grading on a vacant lot; and
WHEREAS, on March 26, 2018, 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 9, 2022, staff deemed the application complete for processing, setting the action
deadline to July 8, 2022; and
WHEREAS, on May 12, 2022, 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 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(a)(New Construction) of the CEQA Guidelines. More specifically, the project is a new
single-family residence; and
WHEREAS, the Planning Commission held a public hearing on June 14, 2022, 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 above recitals are true and correct, and are incorporated herein by
reference.
Section 2: The proposed project involves the construction of a new two-story
3,531 ft2 single family residence and a 400 ft2 garage (3,931 ft2 total structure size), with a
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53 ft2 covered entry porch, ancillary site improvements, and combination walls up to 7.5 feet
in height with 699 yd3 of associated grading.
Section 3: The Planning Commission finds that the Height Variation Permit for the
construction of a 3,931 ft2 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 28 signatures (62%) from properties within
500 feet of the project site and sent a letter to the local Homeowners Association
(Rockinghorse Road Homeowner's Association).
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. The building pad where the structure will be located is below
the level of Palos Verdes Drive East, and Rockinghorse Road, and other existing
structures already block the view as seen from Palos Verdes Drive East.
Furthermore, 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, and rather is located on a lot that slopes down to the east and south from
PVDE and Rockinghorse Road, respectively, to a building pad, and then continues
sloping down to the east.
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. Based on site visits to the area and aerial imagery, the views in the
vicinity are,observed in the easterly direction and consist of city lights and the harbor.
The properties to the north of the project site have no views in the direction of the
project site, and observe their view to the north and east, opposite from the location
of the project site. The abutting properties to the east and south at 28958 PVDE and
12 Rockinghorse Road, respectively, observe views to the east and have no views
over or in the direction of the project site. Views from the property located to the west
of the project site across PVDE at 28935 PVDE are observed in an easterly, over the
project site, but due to the difference in elevation, the structure will not result in
significant view impairments. Specifically, as the building pad of the property at 28935
PVDE is located approximately 40 feet higher in elevation than the project site, the
approved structure will not be visible from the viewing area.
E. There is no significant cumulative view impairment by portions of the structure which
exceed 16 feet in height caused by granting the Height Variation, as there is an
approximately 40-foot difference in elevation between the proposed building pad of
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the project site and the pad levels of the properties to the west of the project site
across PVDE. As a result of this large difference in pad elevation between the
properties, if similar projects were to be constructed on adjacent lots, the
improvements would either not be visible, or would not cause a significant view
impairment.
F. The structure complies with all other Code requirements, including, but not limited to
the minimum required setbacks, height, and parking.
G. The residence is compatible with the character of the immediate neighborhood in
terms of the square footage, scale, architectural style, and setbacks. The majority of
the existing neighborhood is comprised of California Ranch style homes that
incorporate various design elements and façade treatments including stucco, stone,
and wood sidings with a mix of gable and hip roof designs in shingle and tile. As
designed, the project incorporates similar design features found within the
surrounding homes stucco walls and a gable roof with clay tiles. In addition, the
appearance of bulk and mass of the residence will be minimized by the varying
design elements that provide articulation such as the set back of the second story
from the front and rear elevations, the undulated facades at each side elevation, and
a chimney. About one third of the immediate neighborhood consists of two-story
homes with similar building heights and the residence will provide adequate light and
air between properties by complying with the required setbacks.
H. The portion of the proposed new 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 second-floor windows on the southwest (rear) and
northwest (side) facades are oriented towards the public right of way, driveways, or
the front yards of the adjacent properties on Rockinghorse Road or PVDE, where
there is no expectation of privacy. Also, the second-floor windows on the northeast
and southeast façades face the adjacent neighbors at 12 Rockinghorse Road, and
28958 PVDE, respectively, but as the upper and lower rear yard lawn areas of these
properties are already visible from the subject property, there is no unreasonable
infringement of privacy.
Section 4: The Grading Permit is approved for the 699 yd3 of associated grading
(318 yd3 of cut and 381 yd3 of fill), with a maximum depth of cut and fill of 6 feet and 3.5 feet,
respectively, with combination walls up to 7.5 feet in height, to accommodate the proposed
improvements.
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. The primary use of the lot is residential as identified in the City's General
Plan and Zoning map. The approved grading is to accommodate the development of
a new single-family residence by providing a level building pad for the approved
structure, a walkway around the structure, a small rear yard area and an unobstructed
space for the septic system, all of which are typical ancillary uses to the primary
residential use of the lot.
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B. The approved grading and/or related construction does not significantly adversely
affect the visual relationships with, nor the views from the viewing area of neighboring
properties. Based on the siting of structures on adjacent properties and topographic
conditions between lots; views as observed from neighboring properties will continue
to be observed over and in the opposite direction of the project site, as further detailed
in Finding No. D of the Height Variation Permit section of this resolution.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. A combination of cut and fill with upslope and
downslope retaining walls will be utilized to create a level building pad for the
approved structure, to allow for access around the structure and a small rear yard
area, and to recontour the southeastern portion of the lot, where several existing
block retaining walls will be removed. The grading in the southeastern portion of the
lot will assist in returning the configuration of the lot to a more natural slope setting,
and the upslope retaining walls are situated to allow for the majority of the slopes at
the north and west side of the property to remain.
D. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into the natural topography. There are no significant natural
topographic features that would be disturbed by the approved grading. There is
minimal land-sculpturing as the existing north and west slopes on the property will
remain, other than those under and immediately adjacent to the proposed structure.
The retaining walls in the southeastern portion of the lot will be removed, and the new
proposed grade will be blended into the existing grades at the top and bottom.
E. The grading and/or related construction is compatible with the immediate
neighborhood character. The plans for a residence are compatible with the character
of the immediate neighborhood in terms of the scale, architectural style, and
setbacks. As designed, the project utilizes a textured stucco exterior finish with a
gable roof with clay tile roof. Furthermore, the appearance of bulk and mass of the
proposed residence will be minimized by the lowered building pad elevation as
compared to PVDE and Rockinghorse Road, the second story set back at the front
and rear elevations, the undulated setbacks at each side façade, and a chimney.
Also approved are the construction of retaining walls measuring up to 6.35 feet in
height located northwest and southwest of the proposed structure/parallel to
Rockinghorse Road and PVDE, and a combination wall measuring up to 7.5 feet in
height adjacent to the southern property line.
F. The grading is not for the creation of a new residential tract, as this lot was created
via Parcel Map No. 18397 in 1993.
G. The grading utilizes street designs and improvements which serve to minimize
grading alternatives and harmonize with the natural contours and character of the
hillside because no modifications are proposed to streets or other public
infrastructure.
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H. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation because there is no
natural landscape or wildlife habitat in the proposed grading area.
I. The grading conforms to grading standards related to maximum finished slopes and
driveways. More specifically, there are no visual and/or view impacts to neighboring
properties, and no grading on slopes over 50%.
J. Deviations to the code allowing upsloping retaining walls taller than 3.5 feet tall in the
front and street side setbacks (retaining walls measuring up to 6.35 feet in height
located northwest and southwest of the proposed structure/parallel to Rockinghorse
Road and PVDE) and downsloping retaining walls taller than 3.5 feet tall (combination
wall measuring up to 7.5 feet in height adjacent to the southern property line) are
warranted as they are necessary to provide a level building pad with access around
the structure. If the project did not consist of these retaining walls and associated
grading, the residence would be located on an uneven building pad. The project site
is also uniquely situated, with the existing building pad being located in a three-sided
bowl, with the fourth side open to the east, which necessitates retaining walls in order
to level and expand the building pad area. And lastly, the proposed retaining walls
will not be detrimental to public safety or other property as the walls will be
engineered and reviewed by the Building & Safety Division, as well as the City
geologist.
Section 5: The Planning Commission finds that approval of the Site Plan Review for
the ancillary site improvements including a proposed fire pit, a new septic system, driveway
and hardscape areas, and air conditioning units is warranted, as the improvements comply
with all applicable Code requirements, including, but not limited to, minimum required
setbacks, height, parking, and maximum allowable lot coverage.
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 5:30 p.m. on Wednesday,
June 29, 2022. 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, June
29, 2022.
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. 2022-
07, approving a Height Variation Permit, Major Grading Permit, and Site Plan Review for
the construction of a new two-story 3,531 ft2 single family residence and a 400 ft2 garage
(3,931 ft2 total structure size) with combination walls up to 7.5 feet in height along with
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ancillary site improvements and 699 yd3 of associated grading at 10 Rockinghorse Road,
subject to the Conditions of Approval contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 14th day of June 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
Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
Chair
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2018-0001
(HEIGHT VARIATION PERMIT, MAJOR GRADING PERMIT,
AND SITE PLAN REVIEW)
10 ROCKINGHORSE ROAD
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(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. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
17. 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:
18. This approval shall allow for the following:
a. Demolition of an existing 640 ft2 barn structure and miscellaneous block
retaining walls.
b. Construction of a new two-story 3,531 ft2 single family residence and a 400 ft2
garage (3,931 ft2 total structure size), with a 53 ft2 covered entry porch.
c. On-site grading consisting of 318 yd3 of cut and 381 yd3 of fill (699 yd3 of
grading along with 63 yd3 of import) to accommodate the proposed
improvements.
d. Construction of retaining walls measuring up to 6.35 feet in height located
northwest and southwest of the proposed structure/parallel to Rockinghorse
Road and PVDE.
e. Construction of a combination wall measuring up to 7.5 feet in height adjacent
to the southern property line.
f. Construction of ancillary structures and site improvements, including a new
septic system, driveway and hardscape areas, landscaping, air conditioning
units, and a firepit.
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BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to the framing inspection.
19. The height of the approved structure shall be as depicted on the stamped APPROVED
plans and in no case shall the maximum height exceed 25.75 feet as measured from
the lowest finished grade covered by the structure (elev. 189.75 feet) to the highest
proposed roofline (elev. 215.5 feet); and a height of 25 feet as measured from the
highest elevation of the existing grade covered by the structure (elev. 190.5 feet) to
the highest proposed roof ridgeline (elev. 215.5 feet).
BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to roof sheathing inspection.
20. The proposed residence and attached garage shall maintain setbacks as follows:
Front (west) 27.08 feet
Interior Side (east) 35.25 feet
Interior Side (north) 35.25 feet
Interior Side (south) 10.4 feet
Street Side (north) 22.9 feet
Rear (east) 104 feet
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
21. 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.
22. Unless modified by the approval of future planning applications, the approved project
shall maintain the maximum allowed lot coverage of 40% (31.5% currently proposed).
23. 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.
24. The project site shall maintain a minimum of two-enclosed parking spaces and two
unenclosed 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.
25. 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
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under canopies or on the building shall be covered with diffusing lenses and shielded.
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.
26. Based on a foliage analysis conducted on March 13, 2018 and re-evaluated on May
25, 2022, the following foliage shall be trimmed PRIOR TO BUILDING PERMIT
ISSUANCE in order to restore the protected view(s) from surrounding properties:
1. Crown reduce the Italian cypress on the property located adjacent to PVDE
and the Canary Island Pine tree adjacent to Rockinghorse Road by
trimming down to 16 feet in height as measured from where the foliage
emerges from the ground.
The owner of the property is responsible for maintaining all foliage on the property,
which exceeds 16 feet in height or the ridge line of the primary structure whichever
is lower, so as not to significantly impair the view from surrounding viewing areas.
27. The maintenance or operation of mechanical equipment, including but not limited to
AC units or pool filters, generating noise levels in excess of 65 dBA as measured
from the closest property line shall constitute a public nuisance in accordance to
Chapter 8.24 of the RPVMC.
PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE
28. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, all applicable
soils/geotechnical reports, if required by the Building and Safety Division, shall be
approved by the City's Geologist.
29. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, a drainage
plan shall be reviewed and approved by the Public Works Department.
30. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS., an earth
hauling permit shall be approved by the Public Works Department.
31. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS, a
landscape plan shall be submitted for review and approval by the Director of
Community Development. This landscape plan shall comply with the Water Efficient
Landscaping Ordinance (WELO) requirements in RPVMC Chapter 15.34.
32. PRIOR TO FINAL INSPECTION AND/OR CERTIFICATE OF OCCUPANCY, the
landscaping and irrigation approved per Condition No. 31 above, shall be installed.
33. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, the proposed
septic system shall be approved by the County of Los Angeles Public Health
Department.
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