PC RES 2024-011 P.C. RESOLUTION NO. 2024-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES DENYING AN APPEAL AND
UPHOLDING THE DIRECTOR'S CONDITIONAL APPROVAL OF
A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY
AND MAJOR GRADING PERMIT TO ALLOW THE
CONSTRUCTION OF A 742 FT2 SINGLE-STORY ADDITION TO
AN EXISTING 2,533 FT2 SINGLE-STORY RESIDENCE (GARAGE
INCLUDED) RESULTING IN A NEW TOTAL STRUCTURE SIZE
OF 3,275 FT2; ALONG WITH ANCILLARY SITE IMPROVEMENTS;
AND AFTER-THE-FACT GRADING (39 YD3 OF CUT), AT 2838
CALLE AVENTURA (CASE NO. PLHV2022-0001); AND
DETERMINING THE PROJECT IS EXEMPT FROM CEQA
PURSUANT TO 14 CCR 15301
WHEREAS, on January 17, 2022, the Applicant submitted the initial project
applications, which involved a Height Variation Permit, Site Plan Review and Major
Grading Permit to construct a project two-stories in height; and,
WHEREAS, on February 16, 2022, Staff deemed the application incomplete for
processing after reviewing the submittal of the project plans and application. The project
scope was subsequently revised to a single-story configuration, which eliminated the
need for a Height Variation Permit; and,
WHEREAS, on December 19, 2023, after the resubmittal of information by the
Applicant on multiple occasions revising the scope of the project, Staff deemed the
revised application complete for processing; and,
WHEREAS, on February 15, 2024, the Director of Community Development
conditionally approved the project and issued a Notice of Decision (NOD) to interested
parties providing for a 15-day project appeal period; and,
WHEREAS, on March 1, 2024, Staff received a timely written Appeal Letter with
fee, of the Director's Notice of Decision (NOD) from the adjacent property owner at 2482
Calle Aventura, Mrs. Angele Seliukas (herein the Appellant). The Appellant requests that
the Planning Commission overturn the Director's February 15, 2024, approval of a Site
Plan Review with Neighborhood Compatibility and Major Grading Permit; and,
WHEREAS, pursuant to Rancho Palos Verdes Municipal Code (RPVMC)
§17.80.050(C), an appeal hearing before the Planning Commission shall be set within 90
days of the filing of the appeal, or no later than May 30, 2024; and,
WHEREAS, on March 21, 2024, pursuant to RPVMC §17.80.090, a public notice
announcing the Planning Commission's consideration of the appeal on April 23, 2024,
was provided to the Appellant, the Applicant, property owners within a 500-foot radius of
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r
the project site, interested parties and published in the Palos Verdes Peninsula News;
and,
WHEREAS, on April 23, 2024, the Planning Commission held a duly-noticed public
hearing to consider the appeal, 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 correct and are incorporated herein by
reference.
Section 2: The Planning Commission finds that approval of the requested Site
Plan Review application with Neighborhood Compatibility is warranted based on the
findings:
A. In accordance with RPVMC §17.02.030(B)(3), the Director determined that the project
proposal achieves neighborhood compatibility in terms of a) Scale of surrounding
residences b) Architectural styles and materials, and c) Front, side, and rear yard
setbacks.
B. The proposed project is compatible with the character of the immediate neighborhood
in terms of the scale, architectural style, and setbacks. The proposed 742 ft2 addition
will result in a new structure size of 3,275 ft2 (garage included), which will be the
second largest structure size in the neighborhood. The addition is single-story. The
design of the addition will be compatible with the existing residence and the homes in
the immediate, as the project includes smooth stucco finishes and a gable roof with
shingle materials. The proposed addition will meet or exceed the required minimum
setbacks.
C. The proposed project complies with all applicable Development Code requirements
for the RS-2 zoning district, including but not limited to, the minimum required setbacks
for primary structures, lot coverage and height restrictions.
Section 3: The Planning Commission finds that approval of the requested Major
Grading Permit is warranted based on the findings.
A. In accordance with RPVMC §17 76.040.B.2, the Director made the findings that the
proposed grading plan conformed to the Major Grading Permit standards pursuant to
RPVMC §17.76.040.B.2 and RPVMC §17.76.040(E). The grading activities resulted
in enhanced accessibility around the project residence and throughout the property.
B. The grading conforms to grading standards related to grading on slopes over 35%
steepness, maximum finished slopes and driveways. Project grading occurred over a
portion of an extreme slope; however, the project site was created in 1957 prior to the
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City's incorporation; the project grading occurred in an area of the project site zoned
RS-2 and not OH, and Conditions of Approval are proposed to ensure that the project
grading will not threaten public health, safety, and welfare. The maximum fill or cut
did not exceed 5 feet. Grading did not occur on slopes over 50% steepness.
Retaining walls did not exceed 3 1/z feet tall downslope walls. Such grading activities
are warranted to accommodate the project and provide for ancillary improvements in
support of the residence.
Section 5: The Planning Commission has considered the basis for the appeal
offered by the Appellant, and finds that they are without merit for the reasons described
below:
A. While the Appellant alleges that the scale of the proposed project is not compatible
with the surrounding neighborhood, the Director determined that the project
proposal achieves neighborhood compatibility in terms of scale of surrounding
residences. The Director reviewed 20 properties in comparison to the proposed
project and determined that the project residence would be the second largest
(3,275 ft2) in the area. The selected 20 closest properties have the same RS-2
zoning designation as the project site with both properties at 30648 and 30650
Palos Verdes Drive East sharing a common property line along the southerly side
property line of the project site per the NC Handbook. The Director also reviewed
the design features of the addition that include façade articulation and the use of
varying roof ridgelines that reduce the scale of the project.
B. While the Appellant alleges that the architectural style of the proposed project is
not compatible with the surrounding neighborhood, the Director determined that
the project proposal achieves neighborhood compatibility in terms of architectural
style and material. The Director-approved project achieved a design style where
the proposed addition incorporated contemporary design features of the project
residence and maintained features commonly found within the neighborhood. For
example, the project includes smooth stucco finishes and a gable roof with shingle
materials, these façade treatments and materials are prevalent in the immediate
neighborhood. Lastly, the addition will be constructed within the 16 foot/20 foot"by-
right" building height envelope pursuant to RPVMC § 17.02.040.B.1.c, thus
maintaining a single-story configuration.
C. While the Appellant alleges that the proposed project setbacks are not consistent
with Code requirements and are not compatible with the surrounding
neighborhood, the Director determined that the project proposal achieves
neighborhood compatibility in terms of front, side, and rear yard setbacks. The
proposed project is consistent with RS-2 zoning setback regulations, which require
20-feet front, 5-feet side and 15-feet rear setbacks. More specifically, the proposed
project is designed with no change to the front and south side setback, 5.15-feet
north side and 371.58-feet rear setback. The Director compared the alignment of
the residences at 2842 and 2826 Calle Aventura, which are located to the north
and south of the project site, respectively. Aligning the proposed project setback
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along the rear yard with the residences at 2848 and 2826 Calle Aventura would
require an 18-feet addition along the rear yard of the project site instead of the
Director-approved 6.25-feet encroachment into the existing rear yard.
D. While the Appellant alleges that the proposed project addition will reduce the
ocean view, the Director rejects the argument as not applicable to the
Neighborhood Compatibility criteria. The proposed single story construction height
is to be 14 feet 6 1/2 inches, which is within the "by right" height level of 16 feet, and
which does not require a review of view impacts.
Section 6: The Planning Commission determines the proposed project is
Categorically Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines, 14 CCR, Section 15301(e)(1)(Additions) .
Specifically, the proposed project will not result in an increase of more than (1) 50% of
the floor area of the structure before the addition, or 2,500 ft2, whichever is less; or (2)
10,000 ft2 if: (A) The project is in an area where all public services and facilities are
available to allow for maximum development permissible in the General Plan and (B) The
area in which the project is located is not environmentally sensitive. In addition, none of
the exceptions to the use of this categorical exemption set forth in CEQA Guidelines,
section 15300.2 apply to this project and the project does not present any unusual
circumstances.
Section 7: 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 PM on
Wednesday, May 8, 2024. 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 PM on
Wednesday, May 8, 2024.
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. 2024-
11, denying an appeal and upholding the Director's conditional approval of a Site Plan
Review with Neighborhood Compatibility and Major Grading Permit to allow the
construction of a 742 ft2 single-story addition to an existing 2,533 ft2 single-story residence
(garage included) resulting in a new total structure size of 3,275 ft2; along with ancillary
site improvements; and after-the-fact grading (39 yd3 of cut), at 2838 Calle Aventura
(Case No. PLHV2022-0001); and determining the project is exempt from CEQA pursuant
to 14 CCR 15301, subject to the Conditions of Approval contained in the attached Exhibit
"A".
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PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024, by the
following vote:
AYES: COMMISSIONERS NULMAN, VICE CHAIR SANTAROSA AND CHAIR
CHURA
NOES: COMMISSIONERS BRACH AND NELSON
ABSTENTIONS: NONE
RECUSALS: COMMISSIONERS SADDATNEJADI AND PERESTAM
ABSENT: NONE
Da i• hura
Chair
f
' ��" AICP Bran•y •r•es,
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. PLSHV2022-0001
(SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY, AND MAJOR
GRADING PERMIT)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the 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 Property Owner shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. Prior to conducting any work in the public right-of-way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. Pursuant to RPVMC §17.78.040, the Director of Community Development is
authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require
new and separate environmental review and public notification.
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6. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the RPVMC, including but not limited
to height, setback and lot coverage standards.
7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in RPVMC §17.86.060 or administrative citations as described in
RPVMC §1.16.
8. If the Applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in
RPVMC §17.86.070 within 180 days 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 §17.56.020(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 Section 17.56.030
of the RPVMC. 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.
17. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
18. The silhouette frame may not be removed until the City's appeal process has been
exhausted and a final decision has been rendered. The applicant must remove
the frame within seven (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 improvements to an existing single-family
residence:
A. Construct a 742 ft2 one-story addition to an existing 2,533 ft2 one-
story residence (garage included) resulting in a new total structure
size of 3,275 ft2.
B. Construct ancillary site improvements including mechanical
equipment, after-the-fact construction including hardscape adjacent
to the north side; outdoor BBQ.
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C. Demolition of rear deck, outdoor fireplace, existing fence by outdoor
fireplace, railroad ties on slope; rear patio hardscape and portions of
the front driveway hardscape; portions of the fence in the front and
south side; glass guardrail in the rear yard.
D. Legalize after-the-fact grading consisting of 39 yd3 of cut and after-
the-fact construction of retaining walls up to 3.5 feet along the north
side yard of the project site.
BUILDING AREA CERTIFICATION REQUIRED for the approved addition
shall be provided by a licensed land surveyor or civil engineer prior to the
framing inspection.
20. The height of the proposed project shall be as depicted on the stamped approved
plans. The proposed project will measure 14.52 feet in height, as measured from
the highest existing grade covered by the structure (elev. 90.00 feet) to the highest
ridgeline (elev. 104.52 feet); and 15.44 feet, as measured from the lowest finished
grade elevation adjacent to the structure (elev. 89.08 feet) to the highest ridgeline
(elev. 104.52 feet).
BUILDING HEIGHT CERTIFICATION REQUIRED for the approved addition, to
be provided by a licensed land surveyor or civil engineer to the City's Building
Official prior to roof sheathing inspection.
21. Unless modified by the approval of future planning applications, the approved
project shall maintain the following minimum setbacks: front 20.58 feet(east); side
5.15 feet (north); side 5.54 feet (south); rear 371.58 feet (west).
BUILDING SETBACK CERTIFICATION REQUIRED for the approved addition, to
be provided by a licensed land surveyor or civil engineer to the City's Building
Official for review and approval prior to foundation forms inspection and pouring of
foundations.
22. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 11.7% lot coverage.
23. 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 zoningdistrict and the most recentlyadopted version of the
p
California Building Code.
PRIOR TO BUILDING PERMIT ISSUANCE
24 PRIOR TO ISSUANCE OF BUILDING PERMITS, all applicable soils/geotechnical
reports, if required by the Building and Safety Division, shall be approved by the
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City's Geologist.
25. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS,
whichever occurs first, the Applicant shall obtain approval of the project drainage
plan by the City's Public Works Department, if required.
26. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS,
whichever occurs first, the Applicant shall obtain approval of a haul route from the
Director of Public Works, if required.
27. PRIOR TO ISSUANCE OF FINAL BUILDING PERMITS, mechanical equipment
manufacturers' specifications shall be provided by the Applicant to demonstrate
that the equipment will not generate noise in excess of 65dBA at the property line
and Building and Safety to verify installation of approved equipment per site plans
at permit final.
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