PC RES 1995-009•
P.C. RESOLUTION NO. 95-9
16
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 385, THEREBY APPROVING A 10'-0"
ENCROACHMENT INTO THE REAR YARD SETBACK
AREA FOR A NEW TWO -CAR GARAGE AND A 6'-0"
ENCROACHMENT INTO THE FRONT YARD SETBACK
AREA TO ACCOMMODATE AN EXPANSION OF THE
RESIDENCE AT 2108 TRUDIE DRIVE
WHEREAS, on January 26, 1995, the applicant, Mr. John Cassone, submitted Variance No
385, an application to allow a 10'-0" encroachment into the 15'-0" rear yard setback to accommodate
a new two -car garage and a 6-0" encroachment into the 20'-0" front yard setback to accommodate
an expansion of the existing single-family residence, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 2100 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 65952.5(e) (Hazardous Waste and Substances Statement), Staff found no evidence that
Variance No. 385 would have a significant effect on the environment Accordingly, the proposed
project has been found to be categorically exempt (Class I), and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on March 28, 1995,
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: That there are exceptional or extraordinary circumstances or conditions applicable
to the property involved, or to the intended use of the property, which do not apply generally to other
property in the same zoning district in that, the subject site has a total area of 5,775 square feet, which
is 4,225 square feet smaller than the minimum 10,000 square foot requirement for a newly created
lot in an RS -4 zone This substantial discrepancy in area qualifies as an exceptional or extraordinary
condition which severely limits the applicant's ability to make further improvements to the property
The substandard lot size minimizes the opportunities for the applicant to make reasonable
improvements to the home which would be considered modest on a lot that met the minimum
standard for size
Section 2: That such a Variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant, in that the property right in question is the applicant's ability to make
a modest addition to the existing residence The applicant is attempting to upgrade the home and
bring it up to current standards by adding a new two -car garage to replace the non -conforming single -
car garage In that the only remaining area that can accommodate such a structure is in the rear yard,
the proposed garage has been located as shown on the plan such that it would be located five feet (5'-
0") from the rear property line The reduced setback is necessary to allow adequate area for vehicular
maneuverability within the lot Without the granting of the Variance, the proposed garage would
have to be relocated closer to the front property line which would not allow ample space between the
garage and the residence for cars to get into, and out of, the garage
Further, the granting of the Variance would not provide the applicant with a special privilege that
would be uncommon to the neighborhood since there exist many other similar situations in the general
area with respect to detached garages that encroach into the rear yard setback area.
Section 3: That the granting of the Variance will not be materially detrimental to the public
welfare or mjunous to property and improvements in the area in which the property is located, since
it has been designed such that it will not impair any views from nearby residents.
Section 4: That the granting of such a Variance will not be contrary to the policies and objectives
of the General Plan since the General Plan encourages development within the City, such as the
proposed project, that maintains and enhances the visual qualities of existing neighborhoods without
creating adverse impacts to the surrounding area
The subject property is not located within the Coastal Zone Therefore, the policies and requirements
of the City's Local Coastal Program do not apply to the subject property
Section 5: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094 6 of the California Code of Civil
Procedure.
Section 6: For the foregoing reasons and based on the information and findings included in the
Staff Report, and all other records of the proceedings, the Planning Commission hereby grants
Variance No. 385, thereby approving the additions to the residence located at 2108 Trudie Drive,
subject to the conditions contained in Exhibit "N, attached hereto and made a part hereof, which are
necessary to preserve the public health, safety, and general welfare in the area.
PC Resolution No 95-9
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PASSED, APPROVED, AND ADOPTED this 28th day of March 1995, by the following vote.
AYES Commissioners Alberio, Ferraro, Vannorsdall, Wang, Whiteneck, and
Vice Chair Hayes, and Chairman Mowlds
NOES NONE
ABSTENTIONS. NONE
��s
Bret B Yernar(Y, AICP /
Director of Planning, Building, and Code
Enforcement; and, Secretary to the Planning
Commission
PC Resolution No. 95-9
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CONDITIONS OF APPROVAL
FOR VARIANCE NO 385
(2108 Trudie Drive)
1) The maximum height of the addition to the residence shall not exceed 12'-6" as
measured from the highest point on the lot that is covered by the structure The
maximum height of the new two -car garage shall not exceed 12'-0", as measured
from adjacent grade Ridgeline heights are CRITICAL and certification shall be
required
2) A 5'-0" minimum side yard setback shall be maintained (for the additions to the
residence and new two -car garage)
3) A 14'-0" minimum front yard setback shall be maintained (maximum encroachment
of the additions to the residence shall not exceed 6-0")
4) A 5'-0" minimum rear yard setback shall be maintained (maximum encroachment of
the two -car garage shall not exceed 10'-0")
5). A minimum of 50% of the landscaped area shall be maintained within the front yard
setback.
6) In the event that a Planning requirement and Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
7) The construction site 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, piles of earth, salvage materials,
abandoned or discarded furniture, appliances or other household fixtures
8) A completed and notarized Covenant to Protect Views shall be submitted to the
Planning, Building, and Code Enforcement Division prior to the submittal of the
approved plans into the Building and Safety Divisions's Plan Check Process
9) The applicant shall comply with any and all requirements of the easement holders
with regards to any encroachments into said easements
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P.C. Resolution No 95-9
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