PC RES 2025-010 P.C. RESOLUTION NO. 2025-10
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 765 FT2 SECOND-STORY ADDITION TO AN
EXISTING 2,904 FT2 TWO-STORY RESIDENCE FOR A NEW
TOTAL STRUCTURE SIZE OF 3,669 FT2 (GARAGE INCLUDED)
ALONG WITH ANCILLARY SITE IMPROVEMENTS AT 3807
PIRATE DRIVE (CASE NO. PLHV2025-0004)
WHEREAS, on February 6, 2025, the Applicant, Sina Khajavi, submitted a Height
Variation Permit and Site Plan Review application, requesting to construct a 765 ft2
second-floor addition, measuring 23.78 feet in height, located at 3807 Pirate Drive, in the
City of Rancho Palos Verdes; and
WHEREAS, on March 5, 2025, Staff completed an initial review of the application,
at which time the application was deemed incomplete for processing due to missing
information; and
WHEREAS, on October 30, 2025, the application was deemed complete for
processing after the Applicant submitted additional information on several occasions; and
WHEREAS, on October 30, 2025, a public notice announcing the proposed project
and date of the public hearing 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 specifically this project does not
present any unusual circumstances; and
WHEREAS, the Planning Commission held a public hearing on December 9, 2025,
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:
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Section 1: The proposed project involves the construction of a 765 ft2 second-
story addition to an existing 2,904 ft2 two-story residence for a new total structure size of
3,669 ft2 (garage included) measuring 23.78 feet in height along with ancillary site
improvements including four new balconies totaling 264 ft2 in area and a 393 ft2 rear yard
patio.
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. Furthermore, none of the exceptions to the use of a
categorical exemption set forth in CEQA Guidelines, section 15300.2 apply to the project
and specifically the project does not present any unusual circumstances.
Section 3: The Planning Commission finds that the Height Variation Permit and
Site Plan Review for the construction of an 765 ft2 second-story addition to an existing
2,904 ft2 two-story residence for a new total structure size of 3,669 ft2 (garage included)
measuring 23.78 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 notifying the local Homeowners Association and
obtaining 6 signatures (100%) from properties within 100 feet and 12 signatures
(25%) from properties within 500 feet of the project site. Compliance with the early
neighborhood consultation process can also be deemed adequate by the Director
of Community Development through the use of certified mailers in place of
collecting property owner signatures.
B. Located to the north of the project site are multiple segments of the Forrestal
Nature Reserve Hiking Trail systems which include the Quarry Trail and Pirate Trail.
Views from these trails will be maintained as the Pirate Trail system located directly
north, sits approximately 100 feet higher than the building pad of the subject site,
whereby views to the south above the site can be easily maintained.
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.
D. Views in the area are primarily oriented to the south and east consisting of the
ocean, shoreline bluffs, and Catalina Island. 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 west observe views in the opposite direction of the project
site, residences located to the east have building pads approximately 2-10 feet
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higher than the project site in which the "by-right" building height of the project
residence already impairs views for neighboring properties, residences located to
the south observe views in the opposite direction of the project site, and properties
to the north consist of the Forrestal Nature Reserve, which has hiking trails that are
approximately 100 feet higher in elevation than the project site.
E. There will be no significant cumulative view impairment by portions of the structure
which exceed 16 feet in height. Due to the east to west downward sloping
conditions and transitional slopes between side yards of properties along Pirate
Drive, similarly constructed additions on neighboring properties will not create view
impairments as properties which are located further east along Pirate and Phantom
Drive are located upslope and do not have any views which can be impacted by
portions of the structure which are above 16 feet in height along Pirate Drive. Also,
the project site and adjacent properties are located at the intersection of Pirate and
Phantom Drive, where residences are sited at the foot of the Forrestal Nature
Reserve and associated hillsides, which reduce potential cumulative view
impairments.
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 (765 ft2) will result in the project residence being the second
largest in the immediate neighborhood. The scale of the project will 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 1
bulk and mass, such as the, hip roof design, newly proposed balconies, and second
story finished materials. Additionally, the project will maintain the existing
streetscape, whereby other homes inside the immediate neighborhood also have
second-story additions which are constructed over the first-story garage and which
utilize a hip roof. The proposed project will incorporate finished materials such wood
siding and a hip shingle roof, which is consistent with both the existing residence
and other homes in the neighborhood. Additionally, the minimum setbacks are all
being maintained as only the northern rear yard setback is being reduced to 49.79
feet.
H. The proposed project will not result in an unreasonable infringement of privacy. The
north façade primarily observes views of rear yard of the subject and adjacent
properties, which already can be seen from the public hiking trails to the north. The
west façade of the proposed second story addition is designed with three windows
which primarily would observe views of the public right-of-way and adjacent parcel's
rear yard exclusive of foliage, where views can already be seen from the public
hiking trails to the north. The east façade of the proposed second-story addition is
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designed with three windows with views to the east of the adjacent parcel's front
yard, where there is no expectation of privacy. The south façade of the proposed
second-story addition is designed with two window and one walk-out door, with
views of the public right-of-way and front yards of the adjacent parcels.
Section 4: The proposed ancillary site improvements including the four new
balconies totaling 264 ft2 in area and the new 393 ft2 patio in the rear yard meet all the
applicable Municipal Code requirements including, but not limited to setbacks, height,
and lot coverage and privacy impacts in the RS-3 zoning district.
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
4:30 P.M. on Friday, January 2, 2025. A $3,193.00 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 4:30 P.M. on Friday, January 2, 2025.
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.
2025-10, approving the Height Variation Permit and Site Plan Review for the
construction of a 765 ft2 second-floor addition, measuring 23.78 feet in height, located
at 3807 Pirate Drive; and subject to the Conditions of Approval contained in the
attached Exhibit "A".
P C Resolution No 2025-10
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PASSED, APPROVED AND ADOPTED this 9th day of December 2025 by the following
vote:
AYES: COMMISSIONERS CHRISTEN, GEORGE, SANTAROSA & VICE-CHAIR
BRACH
NOES: COMMISSIONER CHURA & CHAIR NULMAN
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER O'CONNER
Eric N 'man
Chair
Brandy F-rbes"A
Director of Community Development; and,
Secretary of the Planning Commission
P C Resolution No 2025-10
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2025-0004
HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW
3807 PIRATE DRIVE
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 765 ft2 second-story addition to an existing 2,904 ft2 two-story
residence for a new total structure size of 3,669 ft2 (garage included); and,
• Construct ancillary improvements including four new balconies totaling 264 ft2 in
area and a 393 ft2 rear yard patio.
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BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to the framing inspection.
20. The proposed project will measure 23.78 feet, as measured from the lowest
finished grade covered by structure (elev. 104.30 feet) to the highest roof ridgeline
(elev. 128.08 feet); and a height of 22.75 feet as measured from the highest
elevation of the existing grade covered by the structure (105.33 feet) to the highest
roof ridgeline (elev. 128.08 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 20-foot front, 5.71-foot west
side, 21-foot east side, and 49.79-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 45% 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
existingsquare footage is demolished or removed within a two-year period shall be
q g Y
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.
27. Roof eaves shall not project into the required setback more than 6 inches for each
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foot of the required setback, provided that there are no vertical supports within the
required setback areas.
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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