PC RES 2003-015P.C. RESOLUTION NO. 2003-15
A RESOLUTION, OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING CASE NO. ZON2002-00613, A
HEIGHT VARIATION PERMIT FOR A 362 SQUARE FOOT EXPANSION
TO THE RESIDENCE, A 213 SQUARE FOOT EXPANSION TO THE
ATTACHED GARAGE, AND A 983 SQUARE FOOT ADDITION OVER THE
GARAGE OF AN EXISTING ONE-STORY RESIDENCE LOCATED AT 4105
STALWART DRIVE.
WHEREAS, on December 9, 2002, the applicant Jure Sestich representing property
owners Slaven and Danielle Erceg, submitted Case No. ZON2002-00613, a Height
Variation application for a 362 square foot expansion to the existing first story, a 230 square
foot expansion to the existing garage, and a 1,036 square foot new second story over the
garage, and,
WHEREAS, on January 6, 2003, the application was deemed incomplete pending
the submittal of additional information, and,
WHEREAS, upon submittal of the additional information and the verification of the
temporary silhouette, the applications were deemed complete by Staff on March 14, 2003;
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 Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962 5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Case No. ZON2002-00613 would have a
significant effect on the environment and, therefore, the proposed project has been found to
be categorically exempt under Class 1 (Existing Facilities) since the project involves an
addition to an existing residence; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
April 22, 2003, 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 applicant has complied with the Early Neighborhood Consultation
process established by the City by obtaining acknowledgement signatures from 91.6% of
the property owners within 100 -feet of the subject property and 34 9% of the property
owners within 500 -feet of the subject property, who have reviewed the plans prior to filing
the application with the City
Section 2: The proposed two-story addition does not significantly impair a view
from public property which has been identified in the City's General Plan or Coastal Specific
Plan as a City -designated viewing area because there are no such areas that overlook the
subject property.
Section 3: The property is not located on a ridge and promontory as there are
other parcels with varying pad elevations that were terraced when initially constructed.
Section 4: The proposed two-story. addition is designed and situated in a manner
as to minimize impairment of a view The properties on either side and across the street
(on the south side of Stalwart Drive) do not contain views in the direction of the subject
property, since the views from these residences are in a southerly direction and not in the
direction of the subject property. From the residence at 4142 Dauntless Drive, the
proposed second story addition will be located due west, but will not be visible from the
viewing area, and will not project into any view because the subject property is located ±34 -
feet below. From the residence at 4114 Dauntless Drive, the subject property is located
±24 -feet below, and in a southeasterly direction The front portion of the proposed gable
roof over the proposed second story will project very slightly into the ocean view above the
rooftops of the residences on the south side of Stalwart Drive Since there is a wide view
corridor and the addition will project slightly into the ocean view at the southeastern
extreme of the view corridor, the two-story addition is designed and situated in a manner as
to minimize impairment of a view
Section 5: There is no significant cumulative view impairment caused by granting
the application since the view analysis has determined that the project will not result in
significant view impairment Further, if a second story addition similar to that proposed
were to be constructed at 4123 Stalwart Drive (the adjacent property to the west), the
cumulative view impairment to 4114 Dauntless Drive would not be significant since this
property is substantially higher in elevation than the residence at 4123 Stalwart Drive. A
second story at 4123 Stalwart Drive may project into the ocean view, but it would only
project slightly into the bottom portion of the ocean view. Thus, the majority of the ocean
would continue to be visible and an addition would not project into the view of Santa
Catalina Island
Section 6: The proposed two-story addition, when considered exclusive of foliage,
will not significantly impair a view from the viewing area of another parcel, due primarily to
the orientation and topography of the lots within the neighborhood.
Section 7: The proposed structure complies with all other Code requirements in
that all the development standards of the RS -3 Zoning District are met and the minimum
setback requirements are exceeded.
Section 8: The addition and resulting appearance will not significantly change the
appearance of the immediate neighborhood and the residence will be compatible with the
immediate neighborhood The architectural style, roofing material, exterior finishes,
number of stories and building materials will be consistent with other homes in the
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neighborhood Furthermore, the size of the residence is not a substantial deviation from
the characteristics in the immediate neighborhood Lastly, the protect will not appear bulky
or massive due to the roof design and articulation of the front fagade
Section 9: The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences because the second story windows
along the east side will look onto the roof of the adjacent residence, and due to the
topography and foliage in the area, direct visibility onto other parcels is hindered.
Section 10: 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 approves Case No ZON2002-
00613 for a Height Variation application, thereby allowing a 362 square foot expansion to
the existing first story, a 230 square foot expansion to the existing garage, and a 1,036
square foot new second story over the garage, subject to the conditions contained in
Exhibit "A" attached hereto and made a part hereof, which are necessary to protect the
public health, safety, and welfare
Section 11: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
with the appropriate appeal fee, no later than May 7, 2003.
PASSED, APPROVED, AND ADOPTED this 22 Id day of April 2003, by the following vote:
AYES Cartwright, Long, Lyon, Mueller
NOES None
ABSTENTIONS: Duran Reed
ABSENT Cote, Tomblin
# alanning Commission
Tom Long
Planning Commission
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Exhibit "A"
Conditions of Approval
Case No. ZON2002-00613
(Height Variation)
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 approval. 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 approval shall become null and void after one year from the date of approval unless
the approved plans are submitted to the Building and Safety Division to initiate the "plan
check" review process
3. Approval is for 1,558 square feet of additional floor area to an existing 2,124 square foot
one-story residence. Specifically, a 362 square foot expansion to the existing first story,
a 213 square foot expansion to the existing garage, and a 983 square foot second story
over the garage
4 The following minimum setbacks shall be maintained
• Front yard 20'-0" minimum (proposed 23'-0")
• Easterly 15 -feet of the ,garage- 25-0"; Easterly 15 -feet of the second floor.
27'-6"
• Side yard: 5-0" minimum (proposed; 10'-0" east / 10'-0" west)
• Rear yard 20'-0" minimum (proposed 58'-6")
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A
FRONT SETBACK CERTIFICATION FOR THE EASTERLY 15 -FEET OF THE
GARAGE AND SECOND FLOOR IS REQUIRED BY A LICENSED LAND
SURVEYOR OR ENGINEER PRIOR TO POURING OF FOOTINGS FOR THE
GARAGE AND IMMEDIATELY AFTER FRAMING OF THE SECOND STORY.
5 The maximum height of the two-story section shall be limited to 23.58 -feet, as
measured from highest ridgeline to highest -grade elevation adjacent to the structure,
which is located along the north elevation adjacent to the kitchen. Further, the
maximum overall height of the two-story section shall be limited to 26 -feet, as measured
from highest ridgeline to lowest finish grade elevation adjacent to the structure, which is
located at the southeast corner of the new garage Lastly, the new gable roof over the
one-story portion of the residence shall be limited to a maximum 16 -feet in height, as
measured from the highest -grade elevation adjacent to the structure, as specified
above, to new ridgeline. SUBJECT TO REVIEW AND APPROVAL BY THE
BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A
LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF
MATERIALS.
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6 The maximum structure size of the residence, including garage, shall be limited to a
total area of 3,682 square feet. Specifically, the first floor will contain 2,699 square feet
(including garage), and the second floor will contain 1,036 square feet. SUBJECT TO
REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A STRUCTURE SIZE
CERTIFICATION IS REQUIRED BY A LICENSED SURVEYOR, ENGINEER OR
ARCHITECT PRIOR TO FRAMING OF STRUCTURE.
7 A minimum of two enclosed garage spaces shall be maintained, with each space being
individually accessed and each maintaining a minimum unobstructed dimension of 9 -
feet -wide by 20 -feet -deep by 7 -feet -vertical clearance.
8. No improvements, grading or structures allowed on the transitional slope at the rear of
the parcel.
9 The tree in the rear yard, north (adjacent) of the new second story, and the two Ficus
trees along the transitional slope at the rear of the property shall be trimmed and
maintained at a height that does not exceed 3 -feet above the pad elevation of the
property located at 4102 Dauntless Drive. The initial trimming shall occur, to the
Director's satisfaction, prior to the issuance of a building permit for the protect
10 Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval.
11 Due to the subject property's location in the RS -3 zoning district, a maximum of forty-
five (45%) percent lot coverage shall be allowed on the lot (proposed. 27.9%)
12 In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply
13. All necessary permits required by the Public Works Department shall be obtained for all
work including but not limited to the driveway approach, portion of the driveway, etc
that encroach into the public right-of-way
14 The hours of construction shall be limited to 7.00 a.m. to 7:00 p.m., Monday through
Saturday No construction shall be permitted on Sundays or on legal holidays
15. The construction site and all adjacent private and public property 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 is not limited
to the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, plies of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures
16 The maximum eave projection allowed into the required setback areas shall not exceed
6 -inches for each 1 -foot of required setback
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17 The construction site shall be temporarily enclosed with a six (6'-0") foot high chain-link
fence during the length of construction of the residential structure
18 The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans or any of the conditions if such modifications shall
achieve substantially the same results as would strict compliance with said plans and
conditions
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