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PC RES 2003-017P.C. RESOLUTION NO. 2003-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE DIRECTOR'S DECISION OF APPROVING, WITH CONDITIONS, FENCES, WALLS, AND HEDGES PERMIT (CASE NO. ZON2002- 00560), FOR THE PLACEMENT OF A THREE (3) FOOT HIGH WALL LOCATED ALONG THE REAR PROPERTY LINE AT 5530 LITTLEBOW. WHEREAS, on November 12, 2002, the applicant, Mr. & Mrs LaGue, submitted a Fences, Walls, and Hedges permit application (Case No 2002-00560), requesting approval for the placement of a three (3) foot high wall located along the south rear property line The proposed wall will span a horizontal distance of approximately 65 -feet along the top of an existing slope at the rear of the property at 5530 Littlebow, and, WHEREAS, on December 10, 2002, upon submittal of the necessary information, Staff deemed the application generally complete for processing; 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 Fences, Walls, and Hedges permit (Case No 2002- 00560) would have a significant effect on the environment, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301), and, WHEREAS, on February 13, 2003, the Director approved, with conditions, Fences, Walls, and Hedges permit (Case No ZON2002-00560); and, WHEREAS, on February 26, 2003, the adjacent neighbor located at 5531 Shoreview Drive, Mrs. Barbara Stepanian, appealed the Directors decision of approval, with conditions, to the Planning Commission, and, WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on April 22, 2003, 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 placement of a 3 -foot high wall located along the top of an existing slope in the rear yard of the subject property The approved wall will span a horizontal distance of approximately 65 -lineal feet and will run parallel with the applicant's rear property line and the appellant's rear property line Section 2• That the wall will not significantly impair a view from the viewing area, as defined in Chapter 17 02 (Single Family Residential Districts), or another property or a view from public property which has been identified in the City's General Plan or Coastal Specific Plan, as a city -designated viewing area That the neighbor, located at 5531 Shoreview Drive, contains a view located above where the 3 -foot high wall is to be located and that this view will P C Resolution No 2003-17 Page 1 of 2 not be impaired due to the placement of the subject wall. The neighbor contains a very expansive view of Los Angeles and its basin areas and the wall will not impair any portions of this view I Section 3. That the subject site does not contain any foliage greater than 16 -feet in height or the highest ridgeline of the primary structure that significantly impairs views from surrounding properties. Section 4: That the placement of the 3 -foot high wall will comply with all applicable standards and requirements of the City's Municipal Code and General Plan as the current Development Code allows for construction of walls up to a maximum height of 6 -feet along the rear property line, given that the wall will not significantly impair the view of a neighboring property Section 5: Any interested person 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 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 denies the appeal and upholds the Director's decision, approving, with conditions, the submitted Fences, Walls, and Hedges permit (Case No ZON2002-00560) for the placement of a 3 -foot high wall located along the rear property line which will run parallel with the property line for a horizontal distance of approximately 65 -feet PASSED, APPROVED AND ADOPTED this 22"d day of April 2003, by the following vote. AYES Chairman Long, Commissioner Mueller, Lyon, Cartwright, Duran Reed NOES. ABSTENTIONS - ABSENT: Commissioner Cote, Tomblin VoelrcRajas, (A IC Ir ir tor of Vlan ing, Building and Code Enforcement; and, retary to e Planning Commission Thomas Long, Chairman P C Resolution No. 2003-17 Page 2 of 2