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PC RES 2017-002 P.C. RESOLUTION NO. 2017-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL AND UPHOLDING THE DIRECTOR'S APPROVAL THEREBY CONDITIONALLY APPROVING A FENCE/WALL PERMIT FOR THE PROPERTY LOCATED AT 30931 CARTIER DRIVE (CASE NO.ZON2016-00475). WHEREAS, on September 28, 2016, the City's Code Enforcement Division received a complaint about the construction of a wall located at 30931 Cartier Drive. The same day, Code Enforcement Staff informed the property owners of the subject property, Shiego and Mikeo Kadowaki, that a Fence/Wall Permit may be required for the construction of the proposed wall and that they should contact the City's Planning Division for further assistance; and, WHEREAS,on October 5, 2016,the applicant submitted a Fence/Wall Permit application for the construction of a 52-foot long,6'-0"high,freestanding solid block wall that is designed to follow a"L" shape alignment, with 12-feet of the solid fence located outside the 20-foot front yard setback running parallel to the north (front) property line and the remaining 40-feet of the solid fence running along the easterly(side) property line; and, WHEREAS,on October 25,2016, based on an assessment of the site particularly as it relates to a significant view impairment from neighboring properties including the Appellant's property at 30937 Cartier Drive, the Community Development Director conditionally approved the Fence/Wall Permit and issued a Notice of Decision(ZON2OI6-00475)permitting the construction of the proposed wall at 30931 Cartier Drive; and, WHEREAS, on November 9, 2016, a timely appeal of the Fence/ Wall Permit (Case No. ZON2016-00475)was filed by the westerly neighboring property owners residing at 30937 Cartier Drive, Chandru and Bina Sujan; and, WHEREAS,on January 5,2017,a Public Notice was mailed to property owners within a 500-foot radius from the subject property and published in the Peninsula News, providing notice of a public hearing before the Planning Commission on January 24, 2017; and, WHEREAS,on January 24,2017,the Planning Commission held a duly-noticed public hearing,at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission hereby denies an appeal and upholds the Community Development Director's Decision to conditionally allow the construction of a 6'-0"freestanding solid block wall that extends 52'-0"in length,as measured beyond the 20'-0"front yard setback towards the south or rear of the subject property,along the northerly(front)and easterly(side)property lines.More specifically, the solid wall is designed to follow a"L"shape alignment,with 12-feet of the solid fence located outside the 20-foot front yard setback running parallel to the north (front) property line and the remaining 40-feet of the solid fence running along the easterly (side) property line. The Applicant's request, and the Director's approval,does not include the construction of a fence within the 20'-0"front yard setback area of the subject property, whereby structures are limited to 42" in height. The proposed wall meets the findings required by Section 17.76.030(B)(3)for the issuance of a Fence/Wall Permit as the fence would not significantly impair a view from the viewing area of another property or a view from public property, which has been identified in the City's General Plan or Coastal Specific Plan, as a designated viewing area. In addition, there is not foliage on the Applicant's lot which exceeds 16'-0" or the ridgeline of the primary structure, whichever is lower, that impairs a view from the viewing area of another parcel, or a view from the public property which has been identified in the City's General Plan or Coastal Specific Plan, as a city-designated viewing area.The placement and construction of the fence wall complies with all applicable standards and requirements of the Rancho Palos Verdes Municipal Code and General Plan. Section 2:The Planning Commission hereby finds that the points raised by the Appellant are not under the Planning Division's or the Planning Commission's purview because they specifically relate to property damage claims, property line disputes and civil code violations.The property damage claims and property line disputes are a civil matter between the two property owners, which the City does not regulate. Furthermore,the Appellant's concerns with neighborhood compatibility are not applicable as a Fence/Wall Permit does not require Staff to assess neighborhood compatibility for the construction of a freestanding wall. 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 in writing, 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 p.m.Tuesday,February 8,2017.A$2,275.00 appeal fee must accompany any appeal. If no appeal is timely filed,the Planning Commission's decision shall be final. Section 4: 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 approval,thereby conditionally approving the Fence/Wall Permit (Case No. ZON2016-00475) subject to the Conditions of Approval contained in the attached Exhibit"A". PASSED, APPROVED, AND ADOPTED this 24th day of January 2017, by the following vote: AYES: Commissioners Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank, and Chairman Tomblin NOES: None ABSTENTIONS: None RECUSSALS: None ABSENT: Commissioner Bradley - David L. Tomblin, Chairman Ara v . 74111r5r7P Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2017-02 Page 2 of 4 EXHIBIT'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO.ZON2016-00475 (30931 CARTIER DRIVE) 1. The applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within thirty(30)days following the date of this approval shall render this approval null and void. 2. The applicant shall indemnify, protect, defend, and hold harmless,the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings(whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by,the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof(including actions approved by the voters of the City), for or concerning the project. 3. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4. 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 or administrative citations as described in Section 1.16 of the City's Municipal Code. 5. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within 180 days of the final effective date of this decision, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 6. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 7. The construction site and adjacent public and private properties and streets 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, P.C. Resolution No. 2017-02 Page 3 of 4 salvage materials, abandoned or discarded furniture,appliances or other household fixtures. 8. The construction site and adjacent public and private properties and streets 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. 9. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Mondays through Fridays, and 9:00 AM to 5:00 PM on Saturdays, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. 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. 10. This approval is for a 6'-0" high solid block fence that extends 52'-0" in length, as measured from the 20'-0" front yard setback line towards the south or rear of the subject property, along the easterly property line. 11. The applicant's request does not include the construction of a fence within the 20'-0"front yard setback along the easterly property line. However,the construction of a fence within the subject property's front yard setback would be limited to 42" in height. 12. Construction of the approved project shall substantially comply with the plans originally stamped APPROVED on October 21, 2016, and with the RS-2 zoning district and site development standards of the Rancho Palos Verdes Development Code. 13. The Director determined that the approved 6'-0" solid block fence does not cause a significant view impairment from the viewing area (main living area) of the only potentially affected property located at 30937 Cartier Drive, and thus the fence/wall permit can be approved per RPVDC Section 17.76.030.B.2.a. P.C. Resolution No. 2017-02 Page 4 of 4