PC RES 1997-0364
P.C. RESOLUTION NO. 97 - 36
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 426 TO ALLOW AN EXISTING 9'3" WIDE
DRIVEWAY TO BE EXTENDED TO THE REAR OF A LOT
WHICH DOES NOT CONFORM TO THE REQUIRED
MINIMUM 10'0" WIDE DRIVEWAY FOR RESIDENTIAL LOTS
AND LEGALIZE AN EXISTING RETAINING WALL, A
PORTION OF WHICH MEASURES 62" HIGH, THAT
EXCEEDS THE 42" HEIGHT LIMITATION FOR
STRUCTURES WITHIN THE FRONT YARD SETBACK ON
THE PROPERTY LOCATED AT 2029 TRUDIE DRIVE
WHEREAS, on June 13, 1997, the applicant, Tony Adair, submitted an application
for Variance No. 426 and Site Plan Review No 8040 to the Department of Planning,
Building, and Code Enforcement to allow an existing 9'3" wide driveway to be extended
to the rear of a lot which does not conform to the required minimum 10'0" wide driveway
for residential lots and to legalize an existing retaining wall, a portion of which measures
62" high, that exceeds the 42" height limitation for structures within the front yard setback
The protect also includes construction of a 454 54 square foot addition and a 433.86
square foot garage to the rear of the residence which has received separate approval
through Site Plan Review No 8040; and
WHEREAS, after submittal of additionally required information, the application was
deemed complete on June 20,1997; 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(f) (Hazardous Waste and Substances
Statement), there was no evidence that Variance No. 426 and Site Plan Review No 8040
would have a significant effect on the environment. Accordingly, the proposed protect has
been found to be categorically exempt (Class 1); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, a public hearing was held on July 22, 1996, before the
Planning Commission of the City of Rancho Palos Verdes, 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.
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Section 1 That there are exceptional or extraordinary circumstances which apply
to this property which do not apply generally to other property in the same zoning district
since the degree of nonconformity of the subject property and no accessible garage,
exceeds the nonconformity of the surrounding properties, which have nonconforming
substandard one -car garages and nonconforming retaining walls that exceed the height
limitation for structures in the front yard setback area. Allowing the nonconforming
retaining wall height and substandard driveway width will provide access to a new garage
in the rear of the lot, thereby eliminating the greater nonconformity of the existing,
inaccessible one -car garage.
Section 2. That the Variance is necessary for the preservation and enjoyment of
the substantial property right of the applicant, and that this right is possessed by other
property owners under like conditions in the same zoning district, since the substandard
driveway width, 9'3", is not substantially less than the required 10'0" wide driveway for
residential lots and by allowing the substandard driveway, a new two -car garage will rectify
the illegal nonconformity of the existing inaccessible, one -car garage Further, the
nonconforming retaining wall in the front yard setback area, which is 62" high, is less than
the average height of the surrounding nonconforming retaining walls, 85", that exist on
adjacent properties along the north side of Trudie Drive.
Section 3 That the granting of the Variance will not be materially detrimental to the
public welfare or injurious to the property and improvements in the area in which the
property is located since use of the substandard driveway width will permit a new garage,
driveway extension and turning radius in the rear of the project which will allow vehicular
egress of the site in a forward direction, promoting traffic visibility and the safety of
vehicles and pedestrians traveling along Trudie Drive Further, the existing nonconforming
retaining wall is similar to nonconforrming retaining walls on adjacent properties and the
retaining wall blends with the streetscape of Trudie Drive
Section 4. That the granting of the Variance will not be contrary to the objectives
of the General Plan since existing nonconformities of the subject property are being
addressed, corrected and/or legalized through the proper permit procedures, as required
under General Plan's Housing Activity Section, Policy No 8, to ensure violations to
residential standards are corrected rapidly and are not allowed to deteriorate Granting the
Variance for a reduced driveway width will also promote Policy No 18 of the General
Plan's Transportation Systems section, to provide off-street parking for existing
development by allowing construction of a usable garage facility in the rear of the lot
P.C. Resolution No. 97 - 36
Page 2
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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 hereby approves Variance No 426 and
Site Plan Review No 8040 for a Variance to allow an existing 9'3" wide driveway to be
extended to the rear of a lot which does not conform to the required minimum 10'0" wide
driveway for residential lots and to legalize an existing retaining wall, a portion of which
measures 62" high, that exceeds the 42" height limitation for structures within the front
yard setback, subject to the Conditions of Approval contained in the attached Exhibit "A',
attached hereto and made apart thereof, which are necessary to protect and preserve the
public health safety and welfare
PASSED, APPROVED, and ADOPTED this 22nd day of July 1997 by the following vote
AYES- Commissioners Al beri,o; Cartwright;' Clark, S1 ayden,
Vice Chairman Whiteneck, and Chairman Vannorsdall
NOES
ABSTENTIONS -
ABSENT: Commissioner i
- f Car Lynn etre, AIC ,
Dir ctor f Plannin , B ilding and Code
Enfo ement, and,
Secretary to the Planning Commission
Donald E. Vannorsdall
Chairman
P.C. Resolution No. 97 - 36
Page 3
Exhibit "A"
Conditions of Approval
Variance No. 426
2029 Trudie Drive
Within ninety (90) days following approval of Variance No. 426, the
applicant/property owner shall submit to the City a statement, in writing, that they
have read, understand and agree to all conditions of approval listed below Failure
to provide said written statement shall render this approval null and void
2. The existing driveway, extending from the front property line north ward for 49'0"
shall be allowed to maintain a width of 9'3". The new portion of the driveway,
extending from the northeast edge of the existing residence where the backyard
area begins to the new garage, shall widen to maintain the minimum driveway width
Of 10'0"
3 Prior to issuance of a final building permit for the addition and new garage, the
applicant shall apply for and receive approval for a Minor Grading Permit for the
existing retaining wall in the front yard setback area
4 The existing retaining wall, ranging from 30" to 62", in the front yard setback and
along the front property line that exceeds the maximum height of 42" for structures
in the front yard setback area, shall be allowed to be maintained.
5 Except as noted in these conditions of approval, construction of the project shall
substantially conform to the plans stamped as received by the City on July 11,
1997.
6 In the event that a Planning Division requirement and a Budding and Safety Division
requirement are in conflict with one another, the stricter standard shall apply.
P.C. Resolution No. 97 - 36
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Exhibit "B"
Conditions of Approval
Site Plan Review No. 8040
2029 Trudie Drive
The following setbacks from property lines shall be maintained -
front yard 2010"
int. side yard 510"
rear yard: 1510"
2. The roof eaves shall not project into any required setback area more than 6" per
each on foot of required setback.
3 The height of addition and garage shall not exceed the maximum allowable
height of 16'0"
4 A minimum of 50% open space shall be maintained on the lot.
5 A minimum two car garage with a minimum interior dimension of 18'0" in width by
20'0" in depth, shall be provided on the site and shall be maintained for the
storage of vehicles only
6 Except as noted in these conditions of approval, construction of the project shall
substantially conform to the plans stamped as received by the City on July 11,
1997
7 In the event that a Planning Division requirement and a Building and Safety
Division requirement are in conflict with one another, the stricter standard shall
apply
8 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
P.C. Resolution No. 97 - 36
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