PC RES 2014-017 P.C. RESOLUTION NO. 2014-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT
VARIATION, MINOR EXCEPTION PERMIT AND SITE PLAN REVIEW
(CASE NO. ZON2014-00104) FOR THE CONSTRUCTION OF A 735FT2
ADDITION TO THE FIRST FLOOR AND A 450FT2 ADDITION TO THE
SECOND FLOOR WITH A REDUCED FRONT YARD SETBACK OF 18'-
10" TO AN EXISTING SINGLE-STORY RESIDENCE AND
ACCESSORY STRUCTURES IN THE REAR YARD OF 4002
ADMIRABLE DRIVE. THE PROPOSED OVERALL HEIGHT AS A
RESULT OF THE SECOND STORY ADDITION IS 22'.
WHEREAS, on March 17, 2014, Criss Gunderson, representing the property owners
Erwin and Lisa Bucy, submitted applications, requesting approval to construct one- and second-
story additions to an existing single-story residence. Based on preliminary review, the
application was deemed incomplete on March 25, 2014. After subsequent submittals and
reviews of additional information, Staff deemed the project complete on May 19, 2014; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code 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, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the Planning Commission found no evidence that the proposed project will have a
significant effect on the environment and, therefore, the proposed project has been found to be
categorically exempt under Class 1 (Section 15301); and,
WHEREAS, after notice issued on May 22, 2014, pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on June 24, 2014, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project is a request construct a 735ft2 single-story addition
to the front of the existing house and a 450ft2 addition to the second floor above the existing
garage, resulting in an overall structure size of 3,656ft2 (including the garage) and an increase in
height envelope from 12.76'/15.97' to 17.48722'. The existing garage and proposed second
floor will include a projecting front faoade to add articulation, resulting in a reduced front yard
setback of 19'-6" to garage and 18'-10" to the second floor, while a minimum 20' is required.
The proposed request also includes accessory structures, including a 10.5' tall fireplace, 8.5' tall
trellis and 35" tall garden walls on an existing flat area in the southeast corner of the rear yard.
Section 2: Approval of a Height Variation to allow the proposed additions to exceed
the Code allowed maximum height of 16', as measured from the preconstruction grade at the
highest point up to 22' to the ridgeline is warranted because:
A. The applicant has complied with the early neighbor consultation process by collecting
52% of the property owner's signatures within the 500' radius and 69% within the 100'
radius.
P.C. Resolution No. 2014-17
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B. The proposed addition to an existing structure that is above 16' in height does not
significantly impair a view from public property (parks, major thoroughfares, bike ways,
walkways or equestrian trails) as there are none identified within close proximity of the
subject site, as city-designated viewing areas.
C. The proposed new structure is not located on a ridge or a promontory, as defined in the
Development Code.
D. The area of a proposed new structure that is above 16' in height when considered
exclusive of existing foliage does not significantly impair a view from the viewing area of
another parcel. Site visits to 4005 Admirable, 4002 Exultant and 4014 Exultant
confirmed that the proposed project would not cause significant view impairment. More
specifically, from the viewing area (living, family, dining room and kitchen) of 4005
Admirable, view of the ocean is impaired by the existing and proposed one-story
structure up to 16' in height. Since view assessments are only done for areas above 16'
in height, and the structure above 16' does not impair a view from the primary living
areas, there is no view impairment that can be protected. Additionally, from the viewing
areas (living and dining room) of 4002 Exultant, only a minimal amount of ocean is
impaired by the proposed project above 16'. However, given its vast view of the ocean
and Catalina Island, it is considered not significant. Furthermore, from the viewing area
(living room) of 4014 Exultant, the proposed areas above 16' only impair a view of
developed properties from the viewing area (living room). Developed properties are not
considered protected views and therefore there is no view impairment caused by the
proposed project.
E. The proposed addition to an existing structure that is above 16' in height is designed and
situated in such a manner as to reasonably minimize the impairment of view. More
specifically, the by-right height envelope is 16720' and the proposed height envelope is
17.48722', while the Height Variation process could allow for an increase in height up to
26'. The proposed project only involves a 2' increase over the by-right height, limited to
the area above the existing garage. Additionally, based on a visual survey of the
neighborhood, other existing two-story homes appear to be taller than the proposed
project.
F. There is no significant cumulative view impairment caused by granting the application as
there is no view impairment caused by the proposed new structure over 16' in height.
G. The proposed structure complies with all other,code requirements, including but not
limited to setbacks and open space restrictions.
H. The proposed structure is compatible with the immediate neighborhood character. More
specifically, the average structure size of the 20-closest homes to the subject property is
2,904ft2, including the garage and any ancillary structures. The proposed structure size
of 3,656ft2 is 752ft2 larger than the average, but well within the neighborhood range
(2,037ft2 to 5,138ft2). Additionally, based on a visual survey and aerial photos of the
neighborhood, the proposed lot coverage appears to be compatible with other
properties. Furthermore, the proposed first floor addition is proposed with varied
setbacks and both the existing garage and the proposed second floor addition are
proposed with architectural projections of the front fagade and to provide a cantilevered
look with false beams to visually break the appearance of bulk or mass. There are 5
existing two-story structures within close proximity, including one immediately across the
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street from the subject lot, which have a two-story element similar to the one being
proposed. All 5 of these properties have living space immediately above the garage
facing the street with little to no articulation. The propose project also has varied roof
lines with a gable design that runs in different directions, further adding articulation to the
structure. Moreover, the proposed project upgrades the fagade by replacing the gravel
roof with mission tile, adds ornamental iron work over some windows and includes
extended roof eaves, while maintaining the overall architectural style of the existing
home and therefore compatible with the neighboring homes in terms of architectural
style and materials. Lastly, the reduced front yard setback is consistent with other
homes that include non-conforming front yard setbacks that average approximately 5'
into the required 20' setback area.
I. The proposed new structure that is above 16' in height does not result in an
unreasonable infringement of the privacy of the occupants of abutting residences
because the only views available to the occupants from these areas are limited in a
southerly direction of the ocean.
Section 3: Approval of a Minor Exception Permit to allow a reduced 18'-10" front
yard setback to the new second floor and 19'-6" to the existing garage is warranted by practical
difficulties. More specifically, the purpose of the proposed architectural projections is to
upgrade the existing front fagade while minimizing the appearance of bulk and mass as a result
of the new second story addition. Given that the existing garage fagade is exactly 20' away
from the front property line, short of demolishing a portion of the garage, any fagade treatments,
such as the proposed architectural fagade projection would result in a reduction in the front yard
setback. The entire front fagade is proposed to be upgraded with a new one-story addition
across the entire width of the existing residence and adding a second floor above the garage.
As part of this proposal, 6" of the garage fagade and 14" of the second story fagade will be
thickened with false beams between the two-floors to create a cantilevered appearance in-lieu
of a flush fagade. As an alternative to reducing the front yard setback while meeting the Code
required minimum 20' front yard setback, the proposed two-story element would result in a flush
fagade with no articulation that may appear bulky or massive.
Section 4: Approval of a Site Plan Review to allow the construction of a single-story
addition to the front and accessory structures to the rear is warranted because it complies with
the City's Development Code, including but not limited to setbacks, height, lot coverage and
neighborhood compatibility.
Section 5: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, July 9,
2014. A $2,275.00 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 July 9, 2014.
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 conditionally approves a Height
Variation, Minor Exception Permit and Site Plan Review for the construction of a 735ft2 single-
story addition to the front and a 450ft2 second floor addition above the existing garage with a
reduced front yard setback of 18'-10", resulting in 22' maximum height at 4002 Admirable Drive
(Case No. ZON2014-00104).
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PASSED, APPROVED AND ADOPTED this 24th day of June 2014, by the following vote:
AYES: Commissioners Cruikshank, Emenhiser, Gerstner, James, Tomblin, Vice
Chairman Nelson, Chairman Leon
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: None
o�
Gordon Leon
Chairman
Joel Roja , AINP
Commun y D elopm nt irector; and,
Secretary f t Planni g Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2014-00104 (HV/SPR)
4002 ADMIRABLE DRIVE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and 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 Resolution. Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. 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.
3. 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 shall apply.
4. The Community Development Director 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. Otherwise, any substantive change to the project shall require approval of a
revision by the final body that approved the original project, which may require new and
separate environmental review.
5. 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 City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
6. 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
Section 17.86.060 of the City's Municipal Code.
7. 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 Section 17.86.070 of the
City's Municipal Code within one year of the final effective date of this Resolution,
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.
8. 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.
9. 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
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date of this Resolution.
10. 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.
11. 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.
12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:OOAM to 5:OOPM on Saturday, with no construction activity permitted
on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code. 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 7AM Monday through Friday and before 9AM 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.
13. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
14. 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.
Project Specific Conditions:
15. This approval is for the following:
a. 735ft2 single-story addition to the front fagade;
b. 450ft2 second-story addition above the garage;
c. 10.5' tall detached fireplace in the rear yard;
d. 8.5' tall trellis in the rear yard; and,
e. 35" tall garden walls in the rear yard.
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16. The maximum ridgeline of the approved project is 121.80'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
17. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 50% lot coverage (48.3% proposed).
18. The approved residence shall maintain the following setbacks:
a. 19.5' front yard setback to the garage fagade;
b. 18'-10" front yard setback to the second floor fagade immediately above the
garage;
c. 20' front yard setback to all other areas not mentioned under a and b above;
d. 5' side yard setbacks; and,
e. 15' rear yard setback.
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to foundation forms inspection.
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