PC RES 2024-001 P.C. RESOLUTION NO. 2024-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A 653 FT2 ADDITION TO AN EXISTING
2,264 FT2 TWO-STORY RESIDENCE FOR A NEW TOTAL
STRUCTURE SIZE OF 2,917 FT2 WITH ANCILLARY
IMPROVEMENTS AT 28621 MOUNT HOOD COURT (CASE NO.
PLHV2022-0002).
WHEREAS, on February 15, 2022, property owner/applicant Mark Zaky submitted
Height Variation Permit and Site Plan Review applications, requesting to the construct a
653 ft2 addition to an existing 2,264 ft2 (garage included) two-story residence for a new
total structure size of 2,917 ft2 measuring 26 feet in height with ancillary improvements,
located at 28621 Mount Hood Court, in the City of Rancho Palos Verdes; and
WHEREAS, on March 17, 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; and
WHEREAS, On December 14, 2023, the applications were deemed complete for
processing after the submittal of additional information on several occasions; and
WHEREAS, on December 14, 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 January 23, 2024,
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:
01203 0005/951969 1 P.C. Resolution No 2024-01
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Section 1: The proposed project involves the construction of a 653 ft2 addition to
an existing 2,264 ft2 two-story residence for a new total structure size of 2,917 ft2
measuring 26 feet in height with ancillary improvements, located at 28621 Mount Hood
Court.
Section 2: The Planning Commission finds that the Height Variation Permit for
the construction of a 653 ft2 second-floor addition to an existing 2,264 ft2 two-story
residence for a new total structure size of 2,917 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 73 signatures (70%) from properties 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 located on an existing building pad, similar to other lots
within the vicinity, and is not located either on a ridge or on a prominent mass of
land that overlooks or projects onto a lowland or body of water on two sides.
Therefore, this finding can be made.
D. The properties located along Mount Hood Court are developed on relatively similar
elevations, and the residences above the subject property on Mount Rushmore
Road are located at a higher elevation of about 20 feet. Based on a site visit to the
area and a review of aerial imagery, views of the harbor are observed in an easterly
direction from the immediate neighborhood. The proposed second-story additions
will not create significant view impacts because the properties located to the north
and south of the project site along Mount Hood Court are developed on relatively
similar pad elevations and have views in the opposite direction of the project site..
The properties located to the west of the project site along Mount Rushmore Road
are located on building pads that are approximately 20 feet higher in elevation than
the project site; whereby views continue to be observed over the project site. The
proposed addition will not impact residential properties to the east of the project site
along Mount Hood Court as the addition would be located behind the eastern facing
properties and the view of the San Pedro Harbor remains to the east.
01203 0005/951969 1 P.C. Resolution No. 2024-01
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E. There is no significant cumulative view impairment caused by granting the Height
Variation Permit since the project site is currently improved with an existing two-
story residence and properties to the north and south of the project site at 28615
and 28701 Mount Hood Court, respectively, are already improved with two-story
residences. As such, no further 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 along Mount Hood Court.
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 proposed
additions will result in the project residence being above the average structure size
in the immediate area but below the structure size of the largest home (e.g. 28615
Mount Hood Court) in the neighborhood. The scale of the project will continue to be
compatible with the closest 20 homes as a result of the varying rooflines and
various façade articulations along the front and rear of the residence, which will
create visual interest and soften the appearance of bulk and mass. 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. The stacked first and second floor setbacks on
portions of the project are consistent with the existing home design and with other
design patterns found within the neighboring properties. The lot coverage is not
increasing with this proposal as all additions are being proposed over existing
hardscape areas or existing structures. The lot coverage percentage of 45.92% is
within the maximum allowable lot coverage of 52% for the RS-5 zoning district.
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 project will continue to provide
adequate light and air between properties by meeting or exceeding the required
setbacks.
H. The proposed additions to the existing residence that are above 16 feet in height do
not result in an unreasonable infringement of the privacy of the occupants of
abutting residences. Specifically, neighboring property to the north is on a building
pad at the same elevation as the project site with an existing fence in the rear and
side yards separating the two properties. The proposed addition along the north
elevation includes three second-story windows that will not result in a new
significant privacy impact because the existing project residence is already
improved with windows at similar heights and in the direction of the northerly
adjacent property. There are no new second-story windows proposed on the south
side of the project residence that would project in the direction of the southerly
01203 0005/951969 1 P.C. Resolution No. 2024-01
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adjacent property. The proposed project involves the placement of 3 windows along
the west or rear second-story façade of the project residence. The placement of
new second-story windows along the rear façade of the project residence would not
result in unreasonable infringement of privacy to neighboring properties to the west
of the project site because of the topography between the two properties. The
building pad of the property at 28638 Mount Rushmore Road and other homes to
the west of the project site are located on building pads that are approximately 20
feet higher in elevation than that of the project site. The topography between the
properties would result in proposed second-story windows along the rear façade
that would be located below the building pads of properties to the west whereby
views of homes and yard areas would limited. The proposed second-story windows
along the east 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.
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 privacy.
Section 3: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements is warranted including the conversion of an existing
trellis at the rear of the project residence into a covered patio to support the second-floor
addition above it.
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, February 7, 2024. A $3,100.00 appeal fee must accompany any appeal
letter. If no appeal is filed in a timely manner, the Planning Commission's decision will be
final at 5:30 P.M. on Wednesday, February 7, 2024.
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. 2024-
01, approving the Height Variation Permit and Site Plan Review for the construction of a
653 ft2 second-story addition to an existing 2,264 ft2 (garage included) two-story residence
for a new total structure size of 2,917 ft2 with ancillary improvements at 28621 Mount Hood
Court, subject to the Conditions of Approval contained in the attached Exhibit "A".
01203 0005/951969 1 P C. Resolution No. 2024-01
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PASSED, APPROVED AND ADOPTED this 23rd day of January 2024 by the following
vote:
AYES: COMMISSIONERS, NELSON, NULMAN, PERESTAM, SAADATNEJADI, AND
CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: VICE CHAIR SANTAROSA AND COMMISSIONER BRACH
David Chura
Chair
Brandy orbes, AICP
Director of Community Development; and,
Secretary of the Planning Commission
01203 0005/951969 1 P.C. Resolution No. 2024-01
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2022-0002
(HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW)
28621 MOUNT HOOD COURT
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 371 ft2 and 282 ft2 additions (653 ft2 total) to the front and rear,
respectively, of an existing 2,264 ft2 two-story residence for a new total structure
size of 2,917 ft2 (garage included); and,
• Construct ancillary improvements including partial conversion of an existing rear
trellis into a covered patio.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
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20. The height of the approved residence shall be as depicted on the stamped
APPROVED plans and in no case shall the addition to the residence extend above a
height of 26 feet, as measured from the lowest finished grade covered by structure
(elev. 99.00 feet) to the highest proposed roof ridgeline (elev. 125.00 feet); and a
height of 22.2 feet as measured from the highest elevation of the existing grade
covered by the structure (102.8 feet) to the highest proposed roof ridgeline (elev.
125.00 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 addition shall maintain setbacks of 20-foot front, 11.92-foot north side,
5.0-foot south side, and a 55.17 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-5 zoning district shall maintain a maximum of 52% 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. Unless modified by the approval of future planning applications, the approved
project is restricted from any new windows along the rear of the second story
restroom above the garage.
PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE
26. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's Geologist.
27. A drainage plan shall be reviewed and approved by the Public Works Department.
28. The following foliage shall be trimmed or removed PRIOR TO BUILDING PERMIT
ISSUANCE in order to protect the view from surrounding viewing areas:
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1. Crown reduce the Palm Trees located in the front yard by trimming down to the
lowest adjacent ridgeline of the primary structure.
The owner of the property is responsible for maintaining, in perpetuity, all foliage on
the property, which exceeds 16 feet in height, as measured from the base of the
tree or which exceeds the lowest adjacent ridge line of the primary structure,
whichever is lower, so as not to significantly impair the view from surrounding
viewing areas.
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