PC RES 2023-009 P.C. RESOLUTION NO. 2023-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A 1,762.47 FT2 ADDITION CONSISTING
OF A 665.61 FT2 FIRST-FLOOR ADDITION AND A 1,096.86 FT2
SECOND-FLOOR ADDITION TO AN EXISTING 3,250.65 FT2
(GARAGE INCLUDED) TWO-STORY RESIDENCE WITH
ANCILLARY IMROVEMENTS AT 30116 VIA RIVERA (CASE NO.
PLHV2023-0001).
WHEREAS, on January 16, 2023, property owner/applicant Crystal Trust
(Christopher K. Chen) submitted Height Variation Permit and Site Plan Review
applications, requesting to the construct a 1,762 47 ft2 addition consisting of a 665.61 ft2
first-floor addition and a 1,098.86 ft2 second-floor addition to an existing 3,250.65 ft2
(garage included) two-story residence measuring 26 feet in height with ancillary
improvements, located at 30116 Via Rivera, in the City of Rancho Palos Verdes; and
WHEREAS, on February 28, 2023, Staff completed an initial review of the
application, at which time the application was deemed incomplete due to missing
information on the project plans. The Applicant submitted additional information on several
occasions, and on June 8, 2023, staff deemed the application complete for processing,
setting the action deadline to August 8, 2023; and
WHEREAS, on June 8, 2023, 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
15301 (Existing Facilities) of the California Guidelines for Implementation of CEQA.
Specifically, the project includes an addition to an existing structure that is less than
10,000 ft2; is located where existing public services and facilities are available; and is not
in an environmentally sensitive area; and
WHEREAS, the Planning Commission held a public hearing on July 11, 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 2023-09
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Section 1: The proposed project involves the construction of a 1,762.47 ft2
addition consisting of a 665 61 ft2 first-floor addition and a 1,098.86 ft2 second-floor
addition to an existing 3,250.65 ft2 two-story residence for a new total structure size of
5,013.12 ft2 (garage included) measuring 26 feet in height with ancillary site improvements,
including a 120 ft2 balcony along the front façade of the residence.
Section 2: The Planning Commission finds that the Height Variation Permit for
the construction of a 665.61 ft2 first-floor addition and a 1,098.86 ft2 second-floor addition
to an existing 3,250.65 ft2 two-story residence for a new total structure size of 5,013 12 ft2
(garage included), which exceeds the 16 feet/ 20 feet by-right building height envelope is
warranted based on the following findings.
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining 10 signatures (76%) from properties within
100 feet and 28 signatures (30.7%) from properties within 500 feet of the project
site, in which there is no active Homeowners' Association.
B The proposed project 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. In addition, the property is not located within the City's Coastal
Zone or any other City specific plan.
C. The proposed project 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 properties located along Via Rivera are developed on relatively similar
elevations, and the residences above the subject property on Via Borica are located
at a much higher elevation. Based on a site visit to the area and a review of aerial
imagery, views of the Pacific Ocean in the immediate neighborhood are observed to
the distant west. The proposed project does not significantly impair a view from the
viewing area of another parcel because the properties to the east and west of the
project site are on similar pad elevations as that of the project site, and do not have
observable views over or in the direction of the project site. The proposed addition
will not impact properties to the west of the project site along Via Rivera as the
addition would be located behind the western facing properties and the view of the
Pacific Ocean remains to the west. As such, this finding can be made.
E. There is no significant cumulative view impairment caused by granting the Height
Variation Permit since the adjacent properties (e.g. 30110 Via Rivera and 30126
Via Rivera) are either already improved with two-story residences, where no further
P C Resolution No. 2023-09
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view impairment can be created from these properties there will be no significant
view impairments if similar projects were to be constructed on single-story homes
F. The proposed structure complies with all other Code requirements, including, but
not limited to minimum required setbacks, maximum allowed lot coverage, parking,
and building height.
G. The proposed project is compatible with the character of the immediate
neighborhood in terms of the scale, architectural style, and setbacks. The structure
size of the proposed project (5,013.12 ft2) will be the second largest in the area,
with the largest home located adjacent to the property at 30136 Via Rivera (5,431
ft2) . The proposed addition will not appear out of scale with other homes in the area
as a result of the various articulations to the façades that will create visual interest
and soften the appearance of bulk and mass. Specifically, the proposed second
story is narrow in width along the front façade and elongates parallel to the north
side yard and provides varied roof ridgelines to further create visual breaks; and
incorporates varied exterior finishes using mainly stucco. The lot coverage will
increase from 34% to 40% due to the proposed first floor addition, which is less
than the maximum allowable lot coverage of 50% for the RS-4 zoning district and
brings the lot into conformance with the Zoning Code. Based on an aerial analysis
of the lot coverage found in the immediate neighborhood, the proposed lot
coverage will be consistent with the neighborhood. Most of the other homes in the
immediate neighborhood are two-story residences with similar building heights, and
the proposed residence will continue to provide adequate light and air between
properties by meeting or exceeding the required setbacks.
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 neighboring property to the north is on a
building pad elevation approximately 3-feet higher than the project site with an
existing fence in the rear yard and dense existing vegetation separating the two
properties. The addition is not proposed on the north side of the residence,
therefore does not impact privacy The second-floor windows will primarily observe
views of the neighboring property's roof area to the north, and the façade near the
rear of the residence includes small accent windows in order to prevent direct views
of the neighbor's rear patio and backyard Additionally, the proposed second-story
windows along the west or front façade of the residence are oriented toward the
public right-of-way and front yard of other properties where there is no expectation
of privacy. The proposed second-story balcony along the west or front façade of the
residence is oriented toward the public right-of-way and front yard of other
properties where there is no expectation of privacy. The proposed second-story
balcony will be consistent with the previously existing second-story balcony. Based
on the configuration of the residence in relation to the topography and neighboring
homes, the proposed project will not result in an unreasonable infringement of the
privacy.
P C Resolution No. 2023-09
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Section 3: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements, a 120 ft2 balcony along the front façade of the
residence is warranted as the improvements comply with all applicable Code
requirements.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the
grounds for appeal and any specific action being requested by the appellant. Any appeal
letter must be filed within 15 calendar days of the date of this decision, or by 5:30 P.M. on
Wednesday, July 26, 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
Wednesday, July 26, 2023.
Section 5: 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-
09, approving the Height Variation Permit and Site Plan Review for the construction of a
1,762 47 ft2 addition consisting of a 665.61 ft2 first-floor addition and a 1,098.86 ft2 second-
floor addition to an existing 3,250 65 ft2 (garage included) two-story residence measuring
26 feet in height with ancillary improvements at 30116 Via Rivera, subject to the
Conditions of Approval contained in the attached Exhibit "A".
P.0 Resolution No 2023-09
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PASSED, APPROVED AND ADOPTED this 11th day of July 2023 by the following
vote:
AYES. COMMISSIONERS NELSON, NULMAN, PERESTAM, VICE-CHAIR
SANTAROSA AND CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT. COMMISSIONERS BRACH AND SAADATNEJADI
, _____LQ(9_
OX, David Chura
Chair
Octavio Silva
Interim Director of Community Development, and,
Secretary of the Planning Commission
P C Resolution No 202309
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2023-0001
(HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW)
30116 VIA RIVERA
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 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(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 The Applicant shall remove the project silhouette within 7 days after a final decision
has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions.
19. This approval shall allow for the following:
® Construct a 665.61 ft2 first-floor addition and 1,096.86 ft2 second-floor addition to an
existing 3,250.65 ft2 two-story residence for a new total structure size of 5,013.12 ft2
(garage included); and,
• Construction of ancillary improvements including a 120 ft2 balcony along the front
façade of the residence.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
20 The height of the approved residence shall be as depicted on the stamped
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APPROVED plans and in no case shall the height of the residence extend above a
height of 26 feet, as measured from the lowest finished grade covered by structure
(elev. 101.25 feet) to the highest roof ridgeline (elev. 127.25 feet); and a height of
25.12 feet as measured from the highest elevation of the existing grade covered by
the structure (102.13 feet) to the highest roof ridgeline (elev. 127.25 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 27.8-foot front, 19.9-foot north
side, 5.08-foot south side, and a 56 08-foot 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-4 zoning district shall maintain a maximum of 50% lot
coverage.
23 The project site shall maintain a minimum of two enclosed parking spaces at all
times. An enclosed parking space shall have an unobstructed ground space of no
less than 9 feet in width and 20 feet in depth, with a minimum 7-foot vertical
clearance An unenclosed parking space shall have an unobstructed ground space
of no less than 9 feet in width by 20 feet in depth.
24. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
25 Any outdoor furnishings, accessories or plants located on balcony and deck areas
which exceed the height limits established in RPVMC §17.02.040, shall not
significantly impair a view from surrounding properties.
26. Per the Municipal Code, Section 17.02.040(B)(3)(4), based on a foliage analysis
conducted on June 29, 2023, from the rear yard of 30121 Via Borica, the following
foliage shall be trimmed or removed prior to building permit issuance in order to
protect the view from the surrounding view areas: crown reduce all foliage on the
property (i.e. the row of Ficus Trees adjacent to the rear property line) by trimming
down to the second story ndgeline of the primary structure The owner is
responsible for maintaining, in perpetuity, all foliage on the property, which exceeds
the second story ridge line of the primary structure, so as not to significantly impair
the view from surrounding viewing areas
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PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE
27. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's Geologist.
28. A drainage plan shall be reviewed and approved by the Public Works Department
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