PC RES 2026-009 P.C. RESOLUTION NO. 2026-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES THEREBY APPROVING, WITH
CONDITIONS, A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW
TO CONSTRUCT A 32 FT2 SECOND-STORY COVERED BALCONY
ALONG WITH A 25 FT2 FIRST-FLOOR ADDITION FOR A TOTAL
STRUCTURE SIZE OF 2,569 FT2(GARAGE INCLUDED)AND ANCILLARY
IMPROVEMENTS ON THE PROPERTY LOCATED AT 4004 VIA VICO
(CASE NO. PLHV2025-0007).
WHEREAS, on June 23 2025, the Applicant submitted the requested application for
a Height Variation Permit and Site Plan Review; and
WHEREAS, on July 22, 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 April 23, 2026 Staff deemed the application complete for processing
after the Applicant resubmitted revised plans and additional information on various
occasions; and
WHEREAS, on April 23, 2026, a public notice announcing the proposed project was
mailed to all property owners within a 500-foot radius of the project site and published in the
Palos Verdes Peninsula News; 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.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of a 32 ft2 second story
covered balcony on the west facing façade as well as the construction of a 25 ft2 first floor
addition along the rear façade of the existing residence and new total structure size of 2,569
ft2 (garage included), along with ancillary improvements on the property.
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Section 2: The Planning Commission finds and 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.
Section 3: The Planning Commission finds and determines that the Height
Variation Permit and Site Plan Review for the construction of 32 ft2 second story covered
balcony and 25 ft2 first story addition to an existing 2,544 ft2 two-story residence (garage
included) for a new total structure size of 2,569 ft2 (garage included) measuring 20.73 feet
in height, which exceeds the 16 feet/30 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 11 signatures (84.6%) from properties within
100 feet and 25 signatures (28%) from properties within 500 feet of the project site.
B. There are no viewing points or viewing sites that will be significantly impaired or
impacted as a result of the proposed project. Additionally, the project site is not
located within the City's Coastal Zone.
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.
D. Views in the area are primarily oriented to the north consisting of the Los Angeles
Basin and east consisting of the ocean and harbor areas. The proposed project over
16 foot/30 foot `by-right' building height envelope limit would not significantly impair
views due to the topographic conditions in the area and orientation of other homes;
where residences located to the north, south, and east observe views in the opposite
direction of the project site, residences to the west observe views towards the
direction of the project site with a two-story residence, which currently impairs views,
however the proposed balcony will be below the highest roof ridgeline and does not
project into any existing view beyond the existing two-story structure, so the proposed
project will not significantly impair views.
E. There will be no significant cumulative view impairment by portions of the structure
which exceed 16 feet in height. The property to the north of the project site at 4061
Miraleste Drive and 6520 Via Lorenzo, located to the south of the project site,
respectively, are currently improved with two-story residences, where no further view
impairments would be created if a structure were sited similarly.
F The proposed structures comply with all other code requirements, including but not
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limited to, setbacks, parking, and maximum allowable lot coverage
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G. The proposed project is compatible with the character of the immediate neighborhood
in terms of scale, architectural style, and setbacks. The size of the proposed second
story covered balcony (32 ft2) and first story addition (25 ft2) will result in the project
residence to be below the average structure size of the immediate neighborhood as
well as below the largest home in the area. 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 interest and soften the
appearance of bulk and mass, articulated façade, and finished materials.
Additionally, the project will maintain the existing streetscape, whereby other homes
inside the immediate neighborhood also have second-story structures which are
constructed along street facing facades. The proposed second story covered balcony
will create more visual interest at the entrance along the street side façade, and the
rear addition to the project residence will be constructed along an existing roofline on
the first floor and will continue to create articulation throughout the project site. The
proposed project will incorporate finishes such as stucco and a roof design consistent
with both the existing project residence and other homes in the neighborhood.
H. The proposed project will not result in an unreasonable infringement of privacy The
second story covered balcony is designed to observe views of the public right-of-way
and front yards of adjacent properties where there is no exception to privacy.
Section 4: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. The appeal 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 10, 2026. A $3,193 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 10, 2026.
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 herby adopts P.C. Resolution No. 2026-09
approving, with conditions, a Height Variation Permit and Site Plan Review to construct a
32 ft2 second-story covered balcony along with a 25 ft2 first-floor addition for a total structure
size of 2,569 ft2 (garage included) and ancillary improvements on the property located at
4004 Via Vico (case no. PLHV2025-0007).
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PASSED, APPROVED AND ADOPTED this 26th day of May 2026 by the following
vote:
AYES: COMMISSIONERS CHRISTEN, CHURA, GEORGE, O'CONNOR, SANTAROSA,
VICE CHAIR BRACH & CHAIR NULMAN
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE '
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Eric Nulman
Chair
Bran y F bes, Al
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. PLHV2025-0007
HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW
4004 VIA VICO
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.
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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.
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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:
20. The proposed project consists of the following improvements:
• Construct a 32 ft2 second-story covered balcony on the west facing façade;
• Construct a 25 ft2 first-floor addition along the rear façade of the existing residence
for a new total structure size of 2,569 ft2 (garage included); and
• Construct ancillary improvements including a rear patio of the project residence.
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BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to the framing inspection.
• The proposed project will measure 26.14 feet, as measured from the lowest finished
grade covered by structure (elev. 195.40 feet) to the proposed roof ridgeline (elev.
221.54 feet); and a height of 20.73 feet as measured from the highest elevation of
the existing grade covered by the structure (elev. 200.81 feet) to the proposed roof
ridgeline (elev. 221.54 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 project shall maintain setbacks as follows:
Front (south) 35.00 feet
Street Side (west) 10.00 feet
Interior Side (east) 10.00 feet
Rear (north) 70.08 feet
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. Roof eaves shall not project into the required setback more than 6 inches for each
foot of the required setback, provided that there are no vertical supports within the
required setback areas.
25 All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
26. 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
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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.
27. Any outdoor furnishing, 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.
PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE:
28. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, all applicable
soils/geotechnical reports, if required by the Building and Safety Division, shall be
approved by the City's Geologist.
29. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, a drainage
plan shall be reviewed and approved by the Public Works Department.
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