PC RES 2024-016 P.C. RESOLUTION NO. 2024-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW TO
CONSTRUCT A 1,470 FT2 SECOND-STORY ADDITION TO AN
EXISTING 2,290 FT2 SINGLE-STORY RESIDENCE (GARAGE
INCLUDED) AND REDUCE THE FIRST-STORY FLOOR AREA BY
10 FT2 FOR A NEW TOTAL STRUCTURE SIZE OF 3,750 FT2
(GARAGE INCLUDED) ALONG WITH ANCILLARY SITE
IMPROVEMENTS AT 2131 W SUMMERLAND STREET.
WHEREAS, on April 6, 2023, the Applicant, Rozanna Fojas (EZ Plans), submitted a
Height Variation Permit and Site Plan Review application, requesting to construct a 1,614
ft2 second-floor addition measuring 23.3 feet in height, located at 2131 W Summerland
Street, in the City of Rancho Palos Verdes; and
WHEREAS, on June 19, 2023, Staff completed an initial review of the application,
at which time the application was deemed incomplete due to missing information.
WHEREAS, on February 29, 2024, the application was deemed complete for
processing after the Applicant submitted additional information on several occasions; and
WHEREAS, on February 29, 2024, 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; is not in an
environmentally sensitive area and none of the exceptions to the categorical exemption
set forth in CEQA Guidelines, section 15300.2 apply; and
WHEREAS, on April 9, 2024, the Planning Commission held a public hearing to
consider the proposed project, at which time the Planning Commission continued the
public hearing to the May 14, 2024 Planning Commission meeting to allow the Applicant
additional time to address the feedback related to the project plans and silhouette
construction, and for Staff to provide additional project data and clarifications; and
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WHEREAS, on May 14, 2024, the Planning Commission continued the public
hearing to the May 28, 2024, Planning Commission meeting to provide Staff additional
time to verify resubmitted project plans and materials.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of a 1,470 ft2 second-
story addition to an existing 2,290 ft2 single-story residence (garage included) and reduce
the first-story floor area by 10 ft2 for a new total structure size of 3,750 ft2 (garage
included) measuring 23.66 feet in height along with ancillary site improvements including a
152 ft2 balcony, hardscape/landscape improvements, and exterior remodel of the project
residence.
Section 2: The Planning Commission determines the project is categorically
exempt from the California Environmental Quality Act pursuant to 14 CCR 15301 (Existing
Facilities) as 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, none of the exceptions to the categorical exemption
set forth in CEQA guidelines, section 15300.2 apply and the project does not present any
unusual circumstances.
Section 3: Pursuant to RPVMC §17.02.040(C)(e), the Planning Commission
finds that the Height Variation Permit and Site Plan Review for the construction of a 1,470
ft2 second-story addition to an existing 2,290 ft2 single-story residence (garage included)
and reduce the first-story floor area by 10 ft2 for a new total structure size of 3,750 ft2
(garage included) measuring 23.66 feet in height, 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 9 signatures (100%) from properties within
100 feet and 15 signatures (25%) from properties within 500 feet of the project site,
in which there is no active Homeowners' Association.
B. There are no viewing points or viewing sites that will be significantly impaired or
impacted due to the proposed new structure. The nearest trail system, the Miraleste
Trail System, will not have any views significantly impaired as the trail sits at an
elevation approximately 20 feet higher than the proposed highest roof ridgeline of
the proposed project. Additionally, the project site is not located within the City's
Coastal Zone. As such, this finding can be made.
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. As such, this finding can be made.
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D. Views in the area are primarily oriented to the east consisting of the harbor and
ocean as well as the north consisting of portions of the Los Angeles Basin and City
lights. The proposed project over the 16 foot/20 foot "by-right" height limit would not
significantly impair any views due to the topographical conditions in the area and
orientation of other homes; where residences located to the north and east observe
views in the opposite direction of the project site and residences located to the
south and west will not have any significant view impairment due to the sloping
conditions in the immediate area.
E. There will be no significant cumulative view impairment by portions of the structure
which exceed 16 feet in height. The homes in the immediate neighborhood vary
from single- and two-story residences. Specifically, the properties located to the
east and west of the project site, are currently improved with two-story residences.
Through historical aerial analysis and site visits, Staff has found that future similar
second story additions to homes located in the immediate neighborhood would not
create cumulative view impairment even if the second stories were constructed over
the entire lower level.
F. The proposed addition will comply with all other code requirements, including but
not limited to, setbacks, parking, maximum allowable lot coverage, 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 size of
the proposed addition (1,470 ft2) will result in the project residence being the third
largest in the immediate neighborhood. The scale of the project will also continue to
be compatible with the immediate neighborhood as a result of the various
architectural elements and features that will create visual interest and soften the
appearance of bulk and mass, such as the covered walkways, cantilevered
addition, varying rooflines, and finished materials. Additionally, the scale of the
project will maintain the existing streetscape, whereby other homes inside the
immediate neighborhood also have second-story additions which are side stacked
above the existing first story building footprint. The proposed project will incorporate
various finishes such as stucco, wood batten siding, and stone veneers, and a
gable roof design, which is consistent with the other homes in the neighborhood.
H. The proposed project will not result in an unreasonable infringement of privacy. The
north façade primarily observes views of the neighboring property's roof areas with
an existing block wall and dense existing vegetation separating the two properties.
The south and west façades of the proposed second story addition are designed
with windows and a balcony that are oriented toward the public right-of-way and
front yard of other properties where there is no expectation of privacy. The east
façade of the proposed second-story addition is designed with one clerestory
window above eye level which will not have any impact to privacy on the abutting
residence.
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Section 4: The proposed ancillary site improvements including the 152 ft2 balcony,
hardscape/landscape improvements, and exterior remodel of the project residence meet
all the applicable Municipal Code requirements including, but not limited to setbacks,
height, and lot coverage in the RS-5 zoning district. Additionally, the proposed south facing
152 ft2 balcony will not result in an unreasonable infringement of privacy as views are
primarily oriented towards the public right-of-way in which there is no expectation of
privacy.
Section 5: 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, June 12, 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, June 12, 2024.
Section 6: 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-
16, approving the Height Variation Permit and Site Plan Review for the construction of a
1,470 ft2 second-story addition to an existing 2,290 ft2 single-story residence (garage
included) and reduce the first-story floor area by 10 ft2 for a new total structure size of
3,750 ft2 (garage included) along with ancillary site improvements at 2131 W Summerland
Street subject to the Conditions of Approval contained in the attached Exhibit "A".
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PASSED, APPROVED AND ADOPTED this 28th day of May 2024 by the following
vote:
AYES: COMMISSIONERS BRACH,, NELSON, NULMAN, PERESTAM,
SAADATNEJADI & CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: VICE-CHAIR SANTAROSA
atvidChur at________
41/iChair
Br.n(ir ircrbes, C'f
Director o Community Development; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2023-0005
HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW
2131 W SUMMERLAND STREET
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or 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 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 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
§17.56.050(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, 9:00AM to 5:00PM 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.
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. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMIT,
whichever occurs first, an earth hauling permit shall be approved by the Public
Works Department.
19. The Applicant shall remove the project silhouette within seven (7) days after a final
decision has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions:
The proposed project consists of the following improvements:
• Construct a 1,470 ft2 second-story addition to an existing 2,290 ft2 single-story
residence (garage included), and reduce the first-story floor area by 10 ft2 for a new
total structure size of 3,750 ft2 (garage included); and
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• Construct ancillary site improvements including a 152 ft2 balcony,
hardscape/landscape improvements, and exterior remodel of the project 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 proposed project will measure 23.94 feet, as measured from the
lowest finished grade covered by structure (elev. 517.22 feet) to the highest roof
ridgeline (elev. 541.16 feet); and a height of 23.66 feet as measured from the
highest elevation of the existing grade covered by the structure (517.50 feet) to the
highest roof ridgeline (elev. 541.16 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 15-foot front, 5.67-foot west
side, 8.83-foot east side, and 20.08-foot rear.
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
22. Unless modified by the approval of future planning applications, the approved
project 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 feet 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. No more than 50% of any existing interior and exterior walls or existing square
footage may be removed or demolished. Residential buildings that are remodeled
or renovated such that 50% or greater of any existing interior or exterior walls or
existing square footage is demolished or removed within a two-year period shall be
considered a new residence and shall then conform to all current development
standards for that zoning district and the most recently adopted version of the
California Building Code.
26. Any outdoor furnishings, accessories, or plants located on the balcony 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 balcony.
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27. Any outdoor furnishings, accessories or plants located on the balcony which
exceed the height limits established in RPVMC §17.02.040, shall not significantly
impair a view from surrounding properties.
PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE
28. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's Geologist.
29. A drainage plan shall be reviewed and approved by the Public Works Department.
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