PC RES 1997-0770 i
P.C. RESOLUTION NO. 97 - 77
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 429, THEREBY ALLOWING THE
CONSTRUCTION OF A NEW GARAGE WHERE ONE
CORNER (22 SQUARE FEET) OF THE GARAGE IS TO BE
CONSTRUCTED WITH A 5'0" CUT ONTO A SLOPE OF 167%,
WHERE THE DEVELOPMENT REGULATIONS DO NOT
PERMIT A STRUCTURE TO BE CONSTRUCTED ON A
SLOPE EXCEEDING 35%. SECONDLY, ALLOW THE
REQUIRED TURN -AROUND AREA FOR AUTOMOBILE
ACCESS ADJACENT TO THE NEW GARAGE TO BE ONLY
23'0", WHERE A MINIMUM 25'0' TURN -AROUND AREA IS
REQUIRED FOR RESIDENTIAL DRIVEWAYS THAT HAVE
AN AVERAGE SLOPE OF 10% AND ARE 50'0" OR MORE IN
LENGTH, FOR A RESIDENCE LOCATED AT 3423
NEWRIDGE DRIVE
WHEREAS, on November 6, 1997, the landowner, Alan and Maria McQueen,
submitted an application for Variance No 429 to allow construction of a new garage where
one comer (22 square feet) of the garage is to be constructed with a 60" cut onto a slope
of 67%, where the development regulations do not permit a structure to be constructed on
a slope exceeding 35% Secondly, allow the required turn -around area for automobile
access adjacent to the new garage to be only 23'0", where a minimum 250' turn -around
area is required for residential driveways that have an average slope of 10% and are 50'0"
or more in length, for a residence located at 3423 Newridge Drive. This application is part
of a proposed project that includes previously submitted planning applications for Extreme
Slope No 43, Grading Permit No 1969 and Site Plan Review No 8063 on July 24, 1997;
and,
WHEREAS, Staff deemed the submitted application for Variance No. 429 and the
other protect applications complete on November 19, 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. 429 would have a significant effect
on the environment. Accordingly, the proposed project has been found to be categorically
exempt (Class 1), and,
0 0
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, a public hearing was held on December 9, 1997, 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
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 existing location of the residence, downslope from the street and the top of
extreme slopes located to the south and east, severely limits the location for any
expansion of the residence. The only location for a 22 square foot porton of the new
garage is on the extreme slope Additionally, limited space adjacent to the new garage due
to the surrounding extreme slopes on the lot only allow for a 23'0" diameter, turn -around
area, which still allows for an automobile to physically turn -around, adjacent to the new
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 existing slopes
of the lot severely limit any addition to the building footprint of the residence Construction
of the portion of the new garage onto the extreme slope as part of a total remodeled and
expanded residence is reasonable to allow the property owner to enjoy an addition to the
existing residence and still exceed the minimum required open space Secondly, strict
adherence to the 260" diameter, turn -around area will not allow a reasonable -sized
addition to modernize the residence. Therefore, the applicant's request for a 23'0"
diameter, being only 2'0" less than the required minimum diameter, is reasonable to allow
a "functional" tum -around area for automobile access and still permit the applicant to enjoy
an addition to the existing residence.
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 the proposed project will not be visible from the street or the
surrounding neighborhood The building pad with the existing residence is located
substantially downslope from Newridge Drive, that construction of 22 square feet of the
new garage on an extreme slope and a 2'0" reduction in the minimum required 260"
diameter, turn -around area adjacent to the new garage will not easily be seen from the
adjacent residences Further, the reduced turn -around area will still allow the applicant
to egress the site in a forward direction, thus traffic and pedestrian safety along Newridge
Drive shall not be impaired Therefore, granting the Variance will not be detrimental to
public welfare or injurious to the adjacent properties or neighborhood.
P.C. Resolution No. 97-77
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Section 4: That the granting of the Variance will not be contrary to the objectives
of the General Plan since the proposed project to modernize the existing residence by
remodeling and adding an addition is consistent with the intent of Policy No 7 of the Urban
Environment -Housing Activity Section of the General Plan. This policy encourages the City
to promote and "assist in the maintenance and improvement of all existing residential
neighborhoods as to maintain optimum local standards of housing quality and design"
Section 5: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17 64 060 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 fifteen (15) days following December 9,
1997, the date of the Planning Commission's final action.
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 approves Variance No 429 to
allow construction of a new garage where one corner (22 square feet) of the garage is to
be constructed with a 60" cut onto a slope of 67%, where the development regulations do
not permit a structure to be constructed on a slope exceeding 35% Secondly, allow the
required turn -around area for automobile access adjacent to the new garage to be only
23'0", where a minimum 25'0' turn -around area is required for residential driveways that
have an average slope of 10% and are 50'0" or more in length, for a residence located at
3423 Newridge Drive, 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
P.C. Resolution No. 97-77
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PASSED, APPROVED, and ADOPTED this 9th day of December 1997 by the following
vote,
AYES ALBERIO, VANNORSDALL, CLARK, - NG AND SLAYDEN
NOES- CARTWRIGHT
ABSTENTIONS -
ABSENT. WHITENECK
Carolynn Petr%, AICP,
Director of Planning, Building and Code
Enforcement, and,
Secretary to the Planning Commission
Donald E. Vannorsdall
Chairman
P.C. Resolution No. 97- 77
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 429
3423 NEWRIDGE DRIVE
1. Within ninety (90) days following approval of Variance No 429, 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 approval shall be null and void after 180 days from the date of the approval
unless the approved plans are submitted to building and safety to initiate the "plan
check" review process, pursuant to Section 17 86 070 of the City's Development
Code. This approval shall also become null and void if after initiating the "plan
check" review process or receiving a building permit to begin construction, said
permit or "plan check" is allowed to expire or is withdrawn by the applicant
3 This approval is to allow construction of a new garage where one corner (22 square
feet) of the garage is to be constructed with a 60" cut onto a slope of 67%, where
the development regulations do not permit a structure to be constructed on a slope
exceeding 35% Secondly, allow the required turn -around area for automobile
access adjacent to the new garage to be only 23'0", where a minimum 25'0' turn-
around area is required for residential driveways that have an average slope of
10% and are 50'0" or more in length, for a residence located at 3423 Newridge
Drive
3 The portion (northeast corner) of the new garage to be constructed on the north
elevation of the existing residence shall not encroach more than 22 square feet into
the adjacent, 67% slope.
4 The applicant shall provide a 23'0" diameter, turn -around area adjacent to the new
garage (within 20'0" of the garage door) that shall remain unobstructed, for the
movement and tum -around of automobiles The Director of Planning, Building and
Code Enforcement shall verify the dimension of the 23'0" diameter dimension prior
to issuance of a Final Building Permit.
5 The new garage shall maintain a minimum, unobstructed, interior dimension of
18'0" (width) by 20'0" (depth) and a minimum vertical clearance of 7'0", for the
parking and storage of automobiles on the subject property
P.C. Resolution No. 97-77
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6 All conditions of Grading Permit No 1969 shall apply to the approved project
7 Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the revised plans prepared by Robert
K. Laird, Architecture One, titled Garage and Master Bedroom Addition for Alan and
Maria McQueen, submitted to the City on December 4, 1997.
8. 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
P.C. Resolution No. 97-77
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