PC RES 2023-002 P.C. RESOLUTION NO. 2023-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
VARIANCES, A COASTAL PERMIT AND SITE PLAN REVIEW
WITH NEIGHBORHOOD COMPATIBILITY TO CONSTRUCT A
1,181 FT2 ADDITION, CONSISTING OF A NEW 1,041 FT2 SECOND
FLOOR AND A 140 FT2 ADDITION TO THE EXISTING 1,670 FT2
SINGLE-STORY RESIDENCE FOR A NEW TOTAL STRUCTURE
SIZE OF 2,851 FT2 (GARAGE INCLUDED); AND ANCILLARY SITE
IMPROVEMENTS AT 125 SPINDRIFT DRIVE (CASE NO. ZON2017-
00489)
WHEREAS, on August 28, 2017, the Community Development Director
conditionally approved a Landslide Moratorium Exception Permit (Case No. ZON2015-
00086), pursuant to Rancho Palos Verdes Municipal Code (RPVMC) §15.20.040(H)
thereby allowing the landowner to proceed with the filing of the appropriate planning
applications for additions to the existing residence including a new second-story along with
ancillary site improvements; and
WHEREAS, on October 26, 2017, Russ Barto ("Applicant"), representing property
owners Michael and Kathy Labarbera, submitted the subject applications to the
Community Development Department; and
WHEREAS, on November 21, 2017, staff completed the initial review of the
applications, at which time the applications were deemed incomplete for processing; and
WHEREAS, on July 8, 2021, after several additional submittals of supplemental
information, the Applicant submitted revised project plans for review, which included a
revised second-story configuration and increased second-story setbacks along the
westerly side elevation; and
WHEREAS, on March 25, 2022, based on a review of the revised plans, staff
deemed the application complete for processing; and
WHEREAS, on March 31, 2022, a public notice was published in the Palos Verdes
Peninsula News, and mailed to all property owners within a 500-foot radius of the project
site and to the Coastal Commission; and
WHEREAS, on April 26, 2022, the Planning Commission conducted a public
hearing on the proposed project and considered public testimony. The Planning
Commission continued the public hearing to a date uncertain to allow the Applicant the
opportunity to consider project revisions; and
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WHEREAS, on October 10, 2022, the Applicant submitted revised project plans,
which included modifications to the project design; and
WHEREAS, on January 7, 2023, a public notice was published in the Daily Breeze,
and mailed to all property owners within a 500-foot radius of the project site and to the
Coastal Commission
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
15301 (Existing Facilities) of the CEQA Guidelines. Specifically, the project involves the
construction of a negligible expansion to an existing residence; and
WHEREAS, the Planning Commission held a public hearing on January 24, 2023,
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 project involves the construction of a 1,181 ft2 addition, consisting
of a new 1,041 ft2 second floor and an 140 ft2 first floor addition to the existing 1,670 ft2
single-story residence for a new total structure size of 2,851 ft2 (garage included); and
ancillary site improvements.
Section 3: The Site Plan Review is approved for the proposed 1,181 ft2 of
additions and ancillary site improvements, which include a 45 ft2 balcony, an entry porch, a
water fountain, access stairs, and AC unit, as these plans comply with all applicable
Zoning Code requirements for the RS-2 zoning district.
In addition, the plans for additions to the residence are compatible with the
character of the immediate neighborhood in terms of the scale, architectural style, and
setbacks. As designed, the project will match the exterior finishes and roof style of other
homes in the area. There will be no apparent bulk or mass resulting from the proposed
additions, as the design of the new second-floor includes articulation and varying façade
features to break up the scale and massing of the residence. As the project site is
configured as a down-sloping lot, the residence and new second floor generally appear as
single-story home as observed from the street of access (Spindrift Drive). The proposed
project will also maintain the existing streetscape of the immediate area, which features
some homes with direct garage access.
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The project will not present an unreasonable privacy infringement to neighboring
properties as the new 45 ft2 balcony is sited in a manner that orients views toward the
south-east of the project site and away from neighboring property to the west of the project
site.
Section 4: The Variances are granted to allow the following deviations from the
development standards: reduced nonconforming front yard setback from 20 feet to 4.5
feet; an addition of 1,181 ft2, which is over the allowable 250 ft2 within the Coastal Setback
Zone; increased lot coverage from 51.3% to 52.8%; one enclosed and one unenclosed
parking space; and reduced open space within the front yard setback from 50% to 15.6%.
Based on the findings required by RPVMC §17.64.050, i.e., extraordinary circumstances
of the property, preservation and enjoyment of a substantial property right of the Applicant,
no materially detrimental impacts to public welfare or injurious to property and
improvements in the area, and consistent with the City's General Plan and Costal Specific
Plan. Specifically, the project site was created and improved prior to City incorporation
with a nonconforming lot size (4,180 ft2) that is substantially smaller than the required
minimum lot size (20,000 ft2) for RS-2 zoning districts. As a result, most homes in the
vicinity have nonconforming setbacks similar to those for this project. The project site is
located entirely within the Costal Setback Zone where any addition or improvements
cannot be built outside of the Coastal Setback Zone, unless a Variance is granted to
expand the residence closer in size to similar properties nearby.
Section 5: The Coastal Permit for the project in the City's Coastal Zone is
approved based on the following findings:
A. The development is consistent with Subregion 6 of the Coastal Specific Plan.
Specifically, the project will replicate the existing character and homogeneity found
within the Portuguese Bend Club neighborhood by maintaining exterior elements
that are similar to other homes in the neighborhood including a second floor with
multi-story facades, which are consistent with downslope lots located on the
southside of Spindrift Road. The development also incorporates the use of stucco
finishes and a flat roof design, which are consistent with the neighborhood and help
to maintain the character and homogeneity found within this neighborhood.
B. The development, located between the sea and the first public road, is consistent
with applicable public access and recreation policies of the Coastal Act. The
Applicant is not proposing to develop within a private road or outside of the property
and therefore the project will not affect any paths, trails, easements, or public rights-
of-way identified as access corridors (C-6 & C-7) within the Coastal Specific Plan.
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
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letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on
Thursday, February 9, 2023. 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
February 9, 2023.
Section 7: Any challenge to a final decision by the City Council on the
entitlements and the findings set forth herein 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.
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. 2023-
02; A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES APPROVING, WITH CONDITIONS, VARIANCES, A COASTAL
PERMIT AND SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY TO
CONSTRUCT A 1,181 FT2 ADDITION, CONSISTING OF A NEW 1,041 FT2 SECOND
FLOOR AND A 140 FT2 ADDITION TO THE EXISTING 1,670 FT2 SINGLE-STORY
RESIDENCE FOR A NEW TOTAL STRUCTURE SIZE OF 2,851 FT2 (GARAGE
INCLUDED); AND ANCILLARY SITE IMPROVEMENTS AT 125 SPINDRIFT DRIVE
(CASE NO. ZON2017-00489).
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PASSED, APPROVED AND ADOPTED this 24th day of January 2023, by the following
vote:
AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI,
SANTAROSA AND VICE-CHAIR CHURA
NOES:
ABSTENTIONS:
RECUSALS:
ABSENT:
(G.
David Chu r
Vice Chair
Octavio Silva,
Interim Director of Community Development
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. ZON2017-00489
(SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY,
VARIANCE AND COASTAL PERMIT)
125 SPINDRIFT DRIVE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this Exhibit
"A". Failure to provide said written statement within ninety (90) days following the
date of this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. Prior to conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. Pursuant to RPVMC §17.78.040, the Director of Community Development is
authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require new
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and separate environmental review and public notification.
6. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the RPVMC, including but not limited to
height, setback and lot coverage standards.
7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in RPVMC §17.86.060 or 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
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bathrooms shall be provided during construction. Portable bathrooms shall be
placed in a location that will minimize disturbance to the surrounding property
owners, to the satisfaction of the City's Building Official.
14. Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined in RPVMC
§17.56.050(C). Unless required to protect against a safety hazard, temporary
construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
During demolition, construction and/or grading operations, trucks shall not park,
queue and/or idle at the project site or in the adjoining street rights-of-way before
7:00 AM Monday through Friday and before 9:00 AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do
so, the construction contractor shall provide staging areas on-site to minimize off-
site transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the Building Official.
16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
No outdoor lighting is permitted where the light source is directed toward or results
in direct illumination of a parcel of property or properties other than that upon which
such light source is physically located.
17. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
18. 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.
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Project Specific Conditions:
21. This approval is for the following entitlements:
A. 1,181 ft2 addition, consisting of a new 1,041 ft2 second floor and a 140 ft2 first
floor addition to the existing 1,670 ft2 single-story residence for a new total
structure size of 2,851 ft2 (garage included);
B. 45 ft2 balcony at rear of the residence; and
C. Ancillary site improvements including new entry porch, water fountain,
access stairs and AC unit.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
22. The approved residence shall maintain a 4.5-foot front, 6.5-foot east side, 2.75-foot
west side and 15.5-foot rear yard setbacks. SETBACK CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO
POURING FOUNDATIONS.
23. The overall height of the proposed addition will be 14.81 feet, as measured from the
average elevation of the setback line abutting the street of access (elev. 396.45
feet) to the highest proposed roof ridgeline (elev. 411.26 feet); and an overall height
of 22.53 feet as measured from lowest finished grade adjacent to the structure
(elev. 388.73 feet) to the highest proposed roof ridgeline (elev. 411.26 feet).
HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor
or civil engineer PRIOR TO ROOF SHEATHING INSPECTION.
24. Unless modified by the approval of future planning applications, the approved
project shall maintain a nonconforming 52.8% lot coverage.
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
California Building Code.
26. The approved NC unit shall be screened from view from adjacent public right-of-
way with foliage or other appropriate screening.
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
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from the closest property line shall constitute a public nuisance in accordance to
Chapter 8.24 of the RPVMC.
28. Any outdoor furnishings, accessories or plants located on the balcony and 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.
29. Any outdoor furnishings, accessories or plants located on the balcony and roof deck
which exceed the height limits established in RPVMC §17.02.040, shall not
significantly impair a view from surrounding properties.
Landslide Moratorium Exception Conditions
30. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, if lot drainage
deficiencies are identified by the Director of Public Works, all such deficiencies shall
be corrected by the Applicant.
31. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, roof runoff from
all buildings and structures on the site shall be contained and directed to the streets
or an approved drainage course as deemed acceptable by the City's Engineer.
32. Pursuant to Condition No. 2, a hold harmless agreement satisfactory to the City
Attorney promising to defend, indemnify, and hold the City harmless from any
claims or damages resulting from the requested project. Such agreement shall be
submitted to the Director PRIOR TO THE ISSUANCE OF ANY BUILDING OR
GRADING PERMIT.
33. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, the Applicant
shall submit for recordation a covenant agreeing to construct the project strictly in
accordance with the approved plans; and agreeing to prohibit further projects on the
subject site without first filing an application with the Director pursuant to the terms
of RPVMC Chapter 15.20.
34. All landscaping irrigation systems shall be part of a water management system
approved the Director of Public Works. Irrigation for landscaping shall be permitted
only as necessary to maintain the yard and garden.
35. The sewer lateral that serves the property shall be inspected to verify that there
are no cracks, breaks or leaks and, if such deficiencies are present, the sewer
lateral shall be repaired or reconstructed to eliminate them, prior to the issuance
of any building or grading permit for the project that is being approved pursuant to
the issuance of this Landslide Moratorium Exception permit.
36. The property owner shall be responsible for the installation and maintenance of
their sanitary sewer system including their sanitary sewage lateral, any sanitary
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sewage lifting systems and the electricity required to power the system, and all
underground pipes associated with their sanitary sewage system under and
adjacent to their development, and the associated fixtures within the property.
37. All other necessary permits and approvals required pursuant to this Code or any
other applicable statute, law or ordinance shall be obtained.
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