PC RES 2026-005 ' T
P.C. RESOLUTION NO.2026-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A REVISION TO A PLANNING COMMISSION-APPROVED HEIGHT
VARIATION PERMIT (CASE NO. PLHV2022-0002) TO
CONSTRUCT AN ADDITIONAL 71 FT2 SECOND-STORY
ADDITION TO AN EXISTING TWO-STORY RESIDENCE FOR A
NEW TOTAL STRUCTURE SIZE OF 2,988 FT2 (GARAGE
INCLUDED) ALONG WITH MODIFICATIONS TO THE
PREVIOUSLY APPROVED ROOF PITCH AND SECOND STORY
WINDOWS AND DETERMINE THE PERMIT REVISION IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PLRV2025-0006).
WHEREAS, on February 15, 2022, Property Owner, Mark Zaky (Applicant),
submitted Height Variation Permit and Site Plan Review applications, requesting to the
construct a 653 ft2 addition 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 January 23, 2024, The City of Rancho Palos Verdes Planning
Commission adopted P.C Resolution No. 2024-01 with a vote of 5-0 conditionally
approving a Height Variation Permit and Site Plan Review for the property at 28621 Mount
Hood Court; and
WHEREAS, on May 5, 2025, the City's Building & Safety Division issued Building
Permits (Case No. RES2024-00204)for the approved project; and
WHEREAS, on October 20, 2025, the Applicant submitted the requested Height
Variation Permit Revision application, requesting to the construct an additional 92 ft2
second-story addition to an existing two-story residence for a new total structure size of
3,009 ft2 (garage included) along with modifications to the previously approved roof pitch
and second-story windows; and
WHEREAS, on October 28, 2025, the project application was deemed incomplete
for processing due to missing information and project materials; and
WHEREAS, on January 22, 2026, the project application was determined to be
complete for processing after the submittal of additional information by the Applicant on
multiple occasions, and on the same day, 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
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WHEREAS, on February 24, 2026, the Planning Commission held a duly noticed
public hearing, considered public testimony, voted to continue the public hearing to its
March 10, 2026 meeting to allow the Applicant an opportunity to address project concerns
related to Neighborhood Compatibility; and
WHEREAS, on February 28, 2026, the Applicant submitted revised plans for the
Planning Commission's consideration that reduced the proposed addition by 21 ft2 via a 3-
foot setback along the southerly façade of the project; and,
WHEREAS, on March 10, 2026, the Planning Commission held a public hearing at
which time all interested parties were given an opportunity to be heard and present
evidence; 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 determined to be categorically exempt under
Section 15301 (Existing Facilities) of the California Guidelines for Implementation of CEQA
("CEQA Guidelines"). 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. Furthermore, none of the
exceptions to the use of this exemption set forth in CEQA Guidelines, section 15300.2
apply to this project and, specifically, the Project does not present any unusual
circu mstances.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of an additional 71 ft2
second-story addition to an existing two-story residence for a new total structure size of
2,988 ft2 (garage included) along with modifications to the previously approved roof pitch
and second-story windows.
Section 2: The Planning Commission finds that the Height Variation Revision
Permit for the construction an additional 71 ft2 second-story addition to an existing two-
story residence for a new total structure size of 2,988 ft2 (garage included) along with
modifications to the previously approved roof pitch and second-story windows is warranted
based on the following findings:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining 11 signatures (74%) from properties from
properties within 100 feet of the project site and 41 signatures (26.2%) from
properties within 500 feet of the project site, in which there is no active
Homeowners' Association.
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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 nor 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. A review of aerial imagery and site visits indicates that views of the harbor are
visible from the immediate neighborhood to the east. The proposed 71 ft2 second-
story addition at the,rear of the property will not result in significant view impacts on
surrounding properties. Properties to the north and south along Mount Hood Court
are at similar pad elevations and have views oriented away from the project site.
The addition will not affect views from properties to the east, as it is located in the
opposite direction.Additionally, properties to the west along Mount Rushmore Drive
are situated approximately 20 feet higher in elevation, maintaining views over the
proposed addition. The height of the addition will remain below the existing roof
ridgeline and is consistent with the previously approved Height Variation Permit.
E. There is no significant cumulative view impairment caused by granting the Height
Variation Permit revision since the adjacent property (e.g. 28615 Mount Hood
Court)and another property 2 houses down (28701 Mount Hood Court) are already
improved with two-story residences, where 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 immediate neighborhood consists of one- and two-story homes ranging from
1,763 ft2 to 3,385 ft2, with an average structure size of 2,251 ft2. The proposed 71 ft2
addition at the rear of the property will increase the structure size, but it will remain
smaller than the largest home in the area. The scale of the addition will be
compatible with the surrounding properties due to varying rooflines and façade
articulations such as wooden beams and finished materials, which will help reduce
the perceived bulk and mass from neighboring properties. The addition will not
affect previously approved minimum setbacks and will not increase lot coverage, as
it is situated over existing hardscape or structures. The proposed lot coverage of
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45.92% is within the maximum allowable limit and is consistent with the
neighborhood. The architectural style of the project, including stucco siding and a
new gable roof design, matches the existing home and other residences in the
area. The new gable roof design will slope downwards towards the rear of the
property, minimizing its impact on neighboring properties to the west. The height of
the addition will remain below the existing ridgeline, and setbacks will stay
consistent with the previously approved permit. The proposed project complies with
zoning regulations, and its scale, architectural style, and setbacks are compatible
with the surrounding neighborhood.
H. The RPVMC defines privacy as "reasonable protection from intrusive visual
observation," and the Height Variation Guidelines prioritize protecting outdoor
privacy over indoor privacy. The proposed 71 ft2 second-story addition in du des two
new windows on the rear west façade and a new bathroom window on the north
side elevation. The design will not result in an unreasonable infringement on privacy
for the following reasons: The new northerly facing bathroom window is located in
the same area as the previously approved windows, so it does not create additional
privacy impacts. No new second-story windows are proposed on the east or south
facades. Although concerns were raised by a neighboring property regarding
potential privacy impacts on their bedroom, kitchen, and family room, the proposed
westerly facing windows do not create an unreasonable infringement of privacy,
given the availability of privacy protections like blinds, and based on aerial analysis
and site visits, the impact on these indoor spaces is minimal to non-existent, as the
neighboring property at 28638 Mount Rushmore Road is situated approximately 20
feet higher in elevation than the project site, with the topography ensuring that
views from the new windows will be limited due to the slope blocking most views,
further minimizing any privacy concerns.
Section 4: The proposed project is categorically exempt from CEQA under Section
15301 (Existing Facilities) of the California Guidelines for Implementation of CEQA
("CEQA Guidelines"). 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. Furthermore, none of the
exceptions to the use of this exemption set forth in CEQA Guidelines, section 15300.2
apply to this Project and, specifically, the Project does not present any unusual
circumstances.
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, March 25, 2026. A $3,193.00 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, March 25, 2026.
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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. 2026-
05, approving with conditions, a revision to a Planning Commission-approved Height
Variation Permit(Case No. PLHV2022-0002)to construct an additional 71 ft2 second-story
addition to an existing two-story residence for a new total structure size of 2,988 ft2
(garage included) along with modifications to the previously approved roof pitch and
second story windows and determine the permit revision is exempt from the California
Environmental Quality Act (Case No. PLRV2025-0006), subject to the Conditions of
Approval contained in the attached Exhibit"A".
PASSED, APPROVED AND ADOPTED this 10th day of March 2026 by the following
vote:
AYES: COMMISSIONERS CHRISTEN, GEORGE, SANTAROSA, & O'CONNOR AND
CHAIR NULMAN LMAN AND VICE CHAIR BRACH
NOES: COMMISSIONER CHURA
ABSTENTIONS:
RECUSALS:
ABSENT:
Eric N I an
Chair
, ICP
Director of o nity Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLRV2025-0006
(HEIGHT VARIATION PERMIT REVISION)
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 a 71 ft2 second-story addition to an existing two-story residence fora new
total structure size of 2,988 ft2(garage included); and
• Modify the previously approved permit to modify the proposed roof to utilize a new
singular gable roof in the rear of the project residence at the same height and two
new second-story windows along the western façade and one new second-story
window along the northern façade of the second story.
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 ridgel in a (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 unendosed en dosed 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. All applicable Conditions or Approval under P.C Resolution No. 2024-01 shall
remain in effect with this project approval.
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. Based on a foliage analysis conducted on January 9, 2024, 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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