PC RES 2023-003 P.C. RESOLUTION NO. 2023-03
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 TO CONSTRUCT A 2,696 FT2 ADDITION
CONSISTING OF A 929 FT2 UPPER-LEVEL ADDITION AND A 1,767
FT2 LOWER-LEVEL ADDITION TO AN EXISTING 3,106 FT2 SINGLE-
STORY RESIDENCE FOR A NEW TOTAL STRUCTURE SIZE OF
5,802 FT2 (GARAGE INCLUDED) WITH RETAINING WALLS UP TO
7.5 FEET IN HEIGHT ALONG WITH ANCILLARY SITE
IMPROVEMENTS AND 2,115 YD3 OF ASSOCIATED GRADING AT
3330 VIA CAMPESINA (CASE NO. PLSR2022-0144).
WHEREAS, on April 14, 2022, Russ Barto (Applicant) submitted Height Variation
Permit, Major Grading Permit, and Site Plan Review applications to the Community
Development Department requesting approval to construct a 2,696 ft2 addition consisting of
a 929 ft2 upper-level and 1,767 ft2 lower-level addition to an existing 3,106 ft2 single-story
residence for a new total structure size of 5.802 ft2 (garage included) with retaining walls up
to 7.5 feet in height along with ancillary site improvements and 2,115 yd3 of associated
grading at 3330 Via Campesina: and
WHEREAS, on May 20, 2022, 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
February 23, 2023, staff deemed the application complete for processing, setting the action
deadline to April 24, 2023; and
WHEREAS, on February 23, 2023, a public notice was published in the Daily Breeze
and mailed to all property owners within a 500-foot radius from the project site, providing a
30-day time period for the submittal of comments; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources 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. More specifically, the project site
contains an existing single-story residence; and
WHEREAS, the Planning Commission held a public hearing on March 28, 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:
P.C. Resolution No. 2023-03
Page 1 of 11
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 2,696 ft2 addition
consisting of a 929 ft2 upper-level and 1 ,767 ft2 lower-level addition to an existing 3,106 ft?
single-story residence for a new total structure size of 5,802 ft2 (garage included), with a 322
ft2 upper-level deck, patio areas, landscaping, walkways, new driveway, pool, BBQ, and
retaining walls up to 7.5 feet in height with 2,115 yd3 of associated grading.
Section 3: The Height Variation Permit for the construction of a 2,696 ft2 addition.
which exceeds the 16 feet/20 feet "by-right" height limit is warranted based on the following
findings:
A. The Applicant has complied with the required early neighborhood consultation by
obtaining 16 signatures (94%) from properties within 100 feet of the project site, and
by obtaining 26 signatures (25%) from properties within 500 feet of the project site.
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. In addition, there is approximately 8-22 feet grade differential
between Graylog Street and the project site such that there is no potential to create
an impact with the proposed development on the project site. 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 project is located on an existing building pad, similar to other lots within the
vicinity and is not located either on a ridge nor on a prominent mass of land that
overlooks or projects onto a lowland or body of water on two sides. Rather the project
sites slopes up in a southerly direction from Via Campesina to a building pad.
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 northerly direction and consist of city lights, the Los
Angeles basin and Santa Monica Bay. 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,
opposite from the location of the project site. The abutting properties to the west and
east, observe views to the north and have no views over or in the direction of the
project site. Views from the properties located to the south of the project site along
Graylog Street are observed in an northerly direction, 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 properties along Graylog Street
are located approximately 8-22 feet higher in elevation than the project site, the
approved addition will not increase the impact from these viewing areas.
P.C. Resolution No. 2023-03
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E. There is no significant view impairment by portions of the structure which exceed 16
feet in height. Staff analyzed similarly designed projects on the properties of 3300
Via Campesina, 3270 Via Campesina, and 3462 Via Campesina and determined that
these would not create a cumulative impact because the projects would need to be
designed to include a grading component, so as to lower the grade in order to
accommodate a lower-level addition, whereby the overall height of the residence
does not increase. 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 residences which incorporate a California
Ranch and contemporary style design. The design of the homes within the immediate
neighborhood include smooth stucco or wood siding with wooden trim accents and a
mixture of pitched and flat roof designs with shingle, concrete, or tile roof materials.
The project site residence will maintain its existing architectural features and others
commonly found within the immediate neighborhood including stucco finishes, large
glass facades, and a built-up membrane roof system. In addition, the project will
maintain the existing flat roof design for the upper-level, which will help minimize the
bulk and mass of the addition. Additional bulk and mass of the residence will be
minimized due to the project adding square footage in the form of a lower-level
addition. 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 proposed project will not result in an unreasonable infringement of the privacy of
the abutting residences since the existing residence already has a large glass facade
along the north of the structure; topographic conditions of the surrounding site
resulting in varying building grade elevations between neighbors; and existing mature
landscaping in the area reduces privacy impacts to adjacent neighbors.
Section 4: The Grading Permit for the 2,115 yd3 of associated grading (1 ,981 yd3 of
cut and 134 yd3 of fill), with a maximum depth of cut and fill of 10.7 feet and 2.5 feet,
respectively, with combination walls up to 7.5 feet in height, to accommodate the proposed
improvements. is warranted based on the following findings:
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 provide a lower building pad for
the proposed lower-level addition and driveway all of which are typical support uses
to the primary residential use of the lot.
P.C. Resolution No. 2023-03
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B. The proposed project grading and/or related construction will not significantly
adversely affect the visual relationships or views as observed from neighboring
properties. The proposed grading allows for the additions to the residence without
increasing the overall height and/or without blocking views. In addition, as a result of
the proposed grading, the residence will continue to be notched into the south slopes,
maintaining the building pad at a lower elevation than the adjacent properties. Lastly,
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 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 retaining walls to
create a level building pad for the proposed lower-level addition, which focuses the
bulk of the grading to the garage and driveway and allows for additional circulation
via a staircase to the rear of the property. More specifically, the proposed upslope
retaining walls measuring up to 7.5 feet in height are located towards the top of the
slope at the southwestern side of the property which allows the majority of the existing
slopes to remain. Furthermore, the proposed retaining walls allow the existing private
driveway to maintain its current configuration.
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 slopes on the property and the existing
private driveway will remain, other than those under and immediately adjacent to the
proposed structure.
E. The grading and/or related construction is not for the creation of a new-single family
residence as parcel contains an existing single-family residence.
F. The required finding that, in new residential tracts, the grading includes provisions for
the preservation and introduction of plant materials so as to protect slopes from soil
erosion and slippage and to minimize the visual effects of grading and construction
on hillside areas, is not applicable to the proposed project.
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.
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.
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I. The grading conforms to grading standards related to maximum finished slopes and
driveways. More specifically, grading on slopes greater than 35 percent on lots
recorded prior to November 25, 1975 does not threaten the public health, safe. and
welfare; and no grading resulting in driveways which exceed 20 percent slope and
slopes not greater than 67 percent adjacent to driveways.
J. Deviations to the code allowing grading to take place on slopes exceeding 35% and
50% (retaining walls up to 7.5 feet in height located south of the proposed project
and grading exceeding a maximum depth of 5 feet (proposed 10.7 feet of cut and 2.5
feet of fill) are warranted as they are necessary to accommodate the lower-level
addition, a new driveway, and provide for onsite circulation while minimizing view
impacts to surrounding properties. Furthermore, more than one upslope retaining
wall are required to accommodate the expanded driveway area and provide for
outdoor patio areas along the northern façade of the project site. Lastly, the proposed
grading will not be detrimental to public safety or other property as the project will be
engineered and reviewed by the Building & Safety Division, as well as the City
Geologist.
K. Notice of such decision shall be given to the applicant and to all owners of property
adjacent to the subject property.
Section 5: The Site Plan Review is approved for the ancillary site improvements
including an 322 ft2 upper-level deck, patio, landscaping, walkways, pool, and BBQ. The
proposed ancillary site improvements comply with all applicable Code requirements for the
RS-2 zoning district, including, but not limited to, minimum required setbacks, 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 Thursday,
April 13, 2023. 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 Thursday, April 13,
2023.
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. 2023--
03, 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 2.696 FT2 ADDITION CONSISTING OF A 929 FT2 UPPER-LEVEL AND 1,767 FT2
LOWER-LEVEL ADDITION TO AN EXISTING 3,106 FT2 SINGLE-STORY RESIDENCE
P.C. Resolution No. 2023-03
Page 5 of 11
FOR A NEW TOTAL STRUCTURE SIZE OF 5,802 FT2 (GARAGE INCLUDED) WITH
RETAINING WALLS UP TO 7.5 FEET IN HEIGHT ALONG WITH ANCILLARY SITE
IMPROVEMENTS AND 2,115 YD3 OF ASSOCIATED GRADING AT 3330 VIA
CAMPESINA (CASE NO. PLSR2022-0144), subject to the Conditions of Approval
contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 28th day of March 2023, by the following
vote:
AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM,
SAADATNEJADI, SANTAROSA AND VICE-CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
FOIL
Dave Chura
Vice-Chair
Octavio Silva
Interim Director of Community Development: and,
Secretary of the Planning Commission
P.C Resolution No. 2023-03
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLSR2022-0144
(HEIGHT VARIATION PERMIT, MAJOR GRADING PERMIT,
AND SITE PLAN REVIEW)
3330 VIA CAMPESINA
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 L.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.
P.C. Resolution No. 202303
Page 7 of 11
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
P.C. Resolution No. 2023-03
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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:
• Construct a 2,696 ft2 addition consisting of a 929 ft2 upper-level and 1 ,767
ft2 lower-level addition to an existing 3,106 ft2 single-story residence for a
new total structure size of 5,802 ft2 (garage included);
• Construct ancillary site improvements including, a 322 ft2 upper-level deck,
patio areas, landscaping, walkways, new driveway, pool, BBQ, and
retaining walls up to 7.5 feet in height;
• Conduct 2,115 yd3 of total grading consisting of 1 ,981 yd3 of cut and 134
yd3 of fill with 1 ,847 yd3 of export and a maximum cut and fill of 10.7 feet
and 2.5 feet, respectively.
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 22.5 feet, as measured from
the lowest finished grade covered by structure (elev. 664.5 feet) to the highest roof
ridgeline (elev. 687.00 feet); and a height of 10.93 feet as measured from the highest
elevation of the existing grade covered by the structure (elev. 676.07 feet) to the
P.0 Resolution No. 2023-03
Page 9 of 11
highest roof ridgeline (elev. 687.00 feet).
BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to roof sheathing inspection.
20. The proposed additions and residence shall maintain setbacks as follows:
Front (west) 100 feet
Interior Side (north) 122 feet
Interior Side (south) 15 feet
Rear (east) 82 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% (20.2% 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. 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
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. 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.
P.C. Resolution No. 2023-03
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27. A pool enclosure is required and must consist of 5 feet to 6 feet tall fence or wall with
a self-closing, self-latching gate.
28. 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. Any outdoor furnishings, accessories
or plants located on the rear yard slope sitting area shall not exceed a height of 6 feet
in height.
29. 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.
30. 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.
31 . PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, a drainage
plan shall be reviewed and approved by the Public Works Department.
32. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, an earth
hauling permit shall be approved by the Public Works Department.
P.C. Resolution No. 2023-03
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