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PC RES 2005-023 P.C. RESOLUTION NO. 2005-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A VARIANCE AND SITE PLAN REVIEW (CASE NO. ZON2004-00030), THEREBY PERMITTING THE CONSTRUCTION OF A 20 SQUARE FOOT SECOND SUBDIVISION IDENTIFICATION SIGN ON THE CORNER OF HAWTHORNE BOULEVARD AND VIA CAPRI. WHEREAS, on January 22, 2004, the applicant submitted an application for a Variance and Site Plan Review, requesting to construct a 20 square foot second subdivision identification sign on the north corner of Hawthorne Boulevard and Via Capri whereas the Municipal Code only permits one tract entry sign; and, WHEREAS, on February 9, 2004, staff completed the initial review of the proposed plans, at which time the application was deemed incomplete due to missing information on the project plans and/or applications. This additional information was submitted to the City on March 7, 2005; and, WHEREAS, on April 4, 2005, the applications Variance and Site Plan Review were deemed complete by Staff; 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), Staff found no evidence that Variance and Site Plan Review, would 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 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held duly noticed public hearings on May 10, 2005, 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 the approved project includes the construction of a 20 square foot second subdivision identification sign on the north corner of Hawthorne Boulevard and Via Capri. Section 2: The Variance is warranted since there is an exceptional or extraordinary circumstance applicable to the property, which does not apply generally to other properties in the same zoning district. The area near the subject site has steep grade and severely curved road that eliminated the visibility of an existing tract P.C. Resolution No. 2005-23 Page 1 of 5 identification sign placed on the south corner of Hawthorne Boulevard and Via Capri without deviating from constructing more than one sign along a major street of access. In a review of other tracts along the major arterial streets in the City, it has been found that this condition is unique to the subject site. Section 3: The Variance is warranted since it is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is possessed by other property owners under like conditions in the same zoning district. As noted in the previous section, drivers traveling southbound on Hawthorne Boulevard have no visibility of the existing sign. Inasmuch as the other tracts along a major arterial streets in the City have more than one subdivision identification signs and/or have comparatively milder extent of slight grade and curved road, it is found that the deviation from the one tract entry sign on the major street of access to allow for two signs is necessary for the drivers traveling southbound on Hawthorne Boulevard to identify the Villa Capri tract Section 4: The Variance is warranted since constructing the second sign on the north corner of Hawthorne Boulevard and Via Capri will not be materially detrimental to the public welfare or injurious to property and improvements in the area by increasing visibility of the tract identification. Moreover, having a visible second sign for the southbound traffic on Hawthorne Boulevard will eliminate unnecessary u-turns at the intersection of Palos Verdes Drive West and Hawthorne Boulevard. Section 5: The Variance is warranted since allowing the deviation will not be contrary to the objectives of the General Plan. It is a policy of the General Plan to "Encourage and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." The applicant's request to construct a second tract entry sign is consistent with the goal of the City in preserving and enhance the visual character and physical quality of existing neighborhoods and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community. Section 6: The Site Plan Review for the addition is warranted since the proposal, with implementation of the adopted conditions of approval, meets all of the requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code. Additionally, the Site Plan Review is warranted to allow the construction of a subdivision identification sign since it will not create a significant adverse impact. Section 7: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040, 17.66.060, 17.72.100, 17.76.040(H) and 17.80.070 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 24, 2005. Section 8: For the foregoing reasons and based on the information and findings included in the Staff Reports, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves the P.C. Resolution No. 2005-23 Page 2 of 5 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 200523) Variance and Site Plan Review (Case No. ZON2004-00030) General 1. Approval of this Variance and Site Plan Review shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 2. 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 within ninety (90) days of the effective date of approval shall render this approval null and void. 3. The approval shall become null and void after one (1) year from the date of this approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's Development Code. This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 4. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 5. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No work is permitted on Sundays or legal holidays. 6. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 7. The construction site, adjacent public and private properties 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. 8. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. P.C. Resolution No. 2005-23 Page 4 of 5 9. The applicant, prior to the commencement of construction, shall obtain all applicable permits, required by the Building and Safety Division. 10. No grading is permitted with this approval. Variance 11. Approval of the Variance allows the construction of a second subdivision identification sign on the north corner of Hawthorne Boulevard and Via Capri. More specifically, the 12. Site Plan Review 13. The approval of the Site Plan Review allows for the construction of a 20 square foot tract entry sign shall be set back 11'-0" from Via Capri and 11'-0" from Hawthorne Boulevard. The sign shall not exceed the height of 4'-0" and the width of 5'-0". P.C. Resolution No. 2005-23 Page 5 of 5 Variance and Site Plan Review to allow a 20 square foot second subdivision identification sign on the north corner of Hawthorne Boulevard and Via Capri, 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 in the area. PASSED, APPROVED AND ADOPTED this 10th day of May 2005, by the following vote: AYES: Commissioners Gerstner, Go l i da, Mueller, Vice Chairman Knight , and Chairman Tetreault NOES: NONE ABSTENTIONS: NONE ABSENT: Commissioners Karp and Perestam Paul Tetreault, Chairman A J•el 'ojas, AICP irec .r of Plan ing :uilding and Code Enforcement; and, S-cr-tary to the - anning Commission P.C. Resolution No. 2005- 23 Page 3 of 5