Loading...
PC RES 2009-043 P.C. RESOLUTION NO. 2009-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VE DES APPROVING, WITH CONDITIONS, A VARIANCE TO ALLOW AFTER-THE-FACT CONSTRUCTION OF FIVE (5) FOOT TALL FOUNTAIN IN THE FRONT SETBACK OF A MULTI-FAMILY RESIDENTIAL COMPLEX L CATS AT 5658 RA ENSPUDRIVE (Z N2 9-00223) WHEREAS, on October 21, 2008, the Palos Verdes Monte Vista Homeowners Association (the applicant) was awarded a Beautification Grant by the City Council for improvements to the area in front of the multi-family residential complex; and, WHEREAS, on April 13, 2009, the applicant contacted the City and it was discovered that the applicant was not informed that a Variance and building permits were required for the five (5) foot tall fountain located in the front setback; and, WHEREAS, on May 27, 2009, the applicant submitted a Variance application; and, WHEREAS, on June 15, 2009, the application was deemed incomplete; and, WHEREAS, on September 14, 2009, after the submittal of additional information, the application was subsequently deemed complete for review; and, WHEREAS, on September 22, 2009, notice of the application and public hearing was sent to all property owners within 500 feet of the subject site; and, WHEREAS, on September 24, 2009, the notice of public hearing was published in the Palos Verdes Peninsula News; 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 the Variance will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, on October 13, 2009, the Planning Commission held a public hearing, 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 Variance request is for after-the-fact approval of an existing five (5) foot tall fountain located in the front setback of a multi-family residential complex. Section e The Variance can be approved because the applicant constructed the five (5) foot tall fountain in the front setback area without notification by Staff prior to its construction that permits were required. P.C. Resolution No. 2009-43 Page 1 of 4 Section 3: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, October 28, 2009. A $2,255.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on October 28, 2009. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves the Variance, subject to the conditions set forth in the attached `Exhibit A' (Case No. ZON2009-00223). PASSED, APPROVED AND ADOPTED this 13th day of October 2009, by the following vote: AYES: Commissioners Knight, Perestam, Ruttenberg, Tetrault, Tomblin, Vice Chairman Gerstner, Chairman Lewis NOES: None RECUSALS: None ABSTENTIONS: None ABSENT: None ey Chair Joel R 'as AICP Direc r of Planni uilding and ode nforcement; and, Secre of the Planning Commission P.C. Resolution No. 2009- 43 Page 2 of 4 Exhibit"A" Conditions of Approval Case No. Z N2009-00223 (VAR) 5658 Ravensur Drive 1. Approval of this Variance 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 approval shall become null and void after 1 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, 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, said, "plan check" or permit is allowed to expire or is withdrawn by the applicant. 3. 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. Said statement shall be submitted to the Director of Planning, Building, and Code Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the effective date of approval, which ever occurs first. Failure to provide said written statement shall render this approval null and void. 4. The Director of Planning, Building, and Code Enforcement is authorized to approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or 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. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. 6. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the multi-family residential development standards of the City's Municipal Code. 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. 2009-43 Page 3 of 4 9. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 10. This Variance is for after-the-fact approval of 5 foot tall fountain located in the front setback of the multi-family residential complex. Specifically, the 5 foot tall fountain is located 3 feet from the front property line. 11. The applicant must obtain all required permits from the Building and Safety Division. 12. The existing outdoor lighting shall abide by all Development Code standards listed in Section 17.56.030 of the City's Municipal Code. P.C. Resolution No. 2009-43 Page 4 of 4