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PC RES 2002-014A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES OVERTURNING THE PLANNING DIRECTOR'S DECISION, AND CONDITIONALLY APPROVING FENCE, WALL, AND HEDGE PERMIT (CASE NO. ZON2001-00122), TO ALLOW AN EXISTING HEDGE TO BE MAINTIANED AT 5'-0" HIGH, AS MEASURED FROM THE HIGHER ADJACENT GRADE, LOCATED AT 32451 SEARAVEN DRIVE. WHEREAS, on October 15, 2001 an application for Fence, Wall, and Hedge Permit (Case No. ZON2001-00122) was submitted to the Planning Department to allow the existing hedge, located along the east side property line at 32451 Searaven Drive to be maintained at 5'-0", and, WHEREAS, on November 14, 2001 the subject applications were deemed complete for processing by Staff, and, WHEREAS, on April 10, 2002 the Director of Planning approved the application with conditions, including a condition requiring the portion of the hedge closest to the residence at 32451 Searaven Drive to be lowered to and maintained at a maximum height of 2'-6", as measured from the higher adjacent grade; and, WHEREAS, on April 29, 2002, the property owners, Mr. and Mrs. Foster submitted a letter and the associated fees to appeal the Director's decision to the Planning Commission, and, WHEREAS, on May 9, 2002 the required public notices for the May 28, 2002 Planning Commission meeting were mailed to the adjacent property owners; and, WHEREAS, at the applicant's request, on May 28, 2002, the Planning Commission continued the public hearing to the June 11, 2002 Planning Commission meeting; and, WHEREAS, at the applicant's request, on June 11, 2002, the Planning Commission continued the public hearing to the June 25, 2002 Planning Commission meeting; and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 21000 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 65962.5(F) (Hazardous Waste and Substances Statement), Staff found no evidence that Fence, Wall, and P.C. Resolution No. 2002-14 Page 1 of 3 Hedge Permit Case No ZON2001-00122 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 1, Section 15303(a)), and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on June 25, 2002, at which all interested parties were given the 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 existing hedge does not significantly impair the view of the coastline from the viewing area of 32459 Searaven Drive Section 2: That there is no existing foliage on the subject property that exceeds 16' in height, and which significantly impairs views from neighboring properties Section 3. That the existing subject hedge complies with the Development Code, since Section 17 76 030(C)(1)(b)(ii) of the Development Code allows hedges up to sixteen feet in height on any part of the lot, except between the front property line and the exterior facade of the existing single-family residence closest to the front property line Section 4: That partial trimming of the hedge constitutes an unreasonable invasion of the outdoor rear yard privacy of the applicant's property, there is no other method to create such privacy, and the rear yard area is an usable and enjoyed area by the property owners Section 5. A Notice of Decision shall be given to the applicant and to all interested parties informing them of the Planning Commission's decision Section 6: Any interested parties may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17 02 040 C 1 j 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 the date of the Planning Commission's adoption of this resolution Section 7: 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 overturns the Director's decision, and approves with conditions (as shown in attached Exhibit "A") Fence, Wall, and Hedge Permit (Case No ZON2001-00122), to allow the existing hedge to be maintained at a height of 5'-0", as measured from the higher adjacent grade PC Resolution No. 2002-14 Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 9th day • July, 2002, • the following vote: AYES: Commissioner Lyon, and Chairman Cartwright NOES: None ABSTENTIONS: Commissioners Cote and Mueller ABSENT: Commissioners Duran Reed, Tomblin, and Vic e' R jas, A'Cp 1rect of Plann g, wilding allorde EnforcL ent, and, Secretary to the Planning Commission S Cartwright firman P.C. Resolution No. 2002-14 Page 3 of Exhibit "A" Fence, Wall & Hedge Permit Case No. ZON2001-00122 1. 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 2. Approval of this permit is to allow the existing hedge located along the east side property line to remain and be maintained at a height of 6-0", as measured from the higher adjacent grade. 3 The height of the hedge shall be measured from the higher adjacent grade, which is the rear yard pad elevation of the property located at 32459 Searaven Drive. 4. No expansion of the building footprint or additional enclosed floor area is approved with this permit 5. The project shall substantially conform to the plans stamped for approval by the Planning Department 6. In the event that the Planning and Building requirements are in conflict, the stricter standard shall apply. 7 No additional construction or grading is approved under this permit approval. 8 On March 2, 2001 and January 7, 2002, City Staff conducted a foliage analysis on the subject property and determined that there is no existing foliage on the subject property that exceeds 16' in height, and which significantly impairs views from neighboring properties