CC RES 2006-086RESOLUTION NO. 2006-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL AND
UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A
VARIANCE AND COASTAL PERMIT (PLANNING CASE
NO. ZON2006- 00218) WITHOUT PREJUDICE FOR AFTER -THE-
FACT APPROVAL OF A 6- FOOT -TALL WALL IN THE STREET -
SIDE SETBACK AREA OF A CORNER LOT, LOCATED AT 30
PACIFICA DEL MAR.
WHEREAS, on March 25, 2003, the Director of Planning, Building and Code
Enforcement approved a fence, wall and hedge permit (Planning Case No. ZON2003-
00001) to allow miscellaneous interior side and rear property line walls and fences on
sixteen (16) lots in Tract No. 46628, including the subject property at 30 Pacifica del
Mar, but specifically excluded a proposed 5- foot -4- inch -tall fence /wall segment depicted
in the street side setback area of the lot unless it was approved through a separate
discretionary approval; and,
WHEREAS, on June 24, 2003, the Director of Planning, Building and Code
Enforcement approved a minor exception permit (Planning Case No. ZON2003- 00237)
to allow a fence consisting of 6- foot -tall pilasters and 5- foot -4- inch -tall tubular steel
panels within the street -side setback area of the property at 30 Pacifica del Mar, which
was subsequently constructed by the developer, Warmington Homes; and,
WHEREAS, on April 4, 2006, the City received a complaint that the approved
tubular -steel fence panels along the street -side property line at 30 Pacifica del Mar had
been replaced with a solid, 6- foot -tall wall, in violation of the conditions of approval for
Planning Case No. ZON2003- 00237; and,
WHEREAS, on April 17, 2006, the applicant, Robert Critelli, submitted a variance
and coastal permit application (Planning Case No. ZON2006- 00218) to the Department
of Planning, Building and Code Enforcement, requesting after -the fact approval of the
existing 6- foot -tall wall in the street -side setback area of the property; and,
WHEREAS, the application for Planning Case No. ZON2006 -00218 was deemed
complete for processing on April 28, 2006; 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 denial of the requested
variance and coastal permit would have a significant effect on the environment and,
therefore, the proposed project has been found to be statutorily exempt (Section
15270); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly- noticed public
hearing on June 13, 2006, at which time all interested parties were given an opportunity
to be heard and present evidence; and,
WHEREAS, on June 13, 2006, the Planning Commission unanimously adopted
P.C. Resolution No. 2006 -26, thereby denying the requested variance and coastal
permit without prejudice; and,
WHEREAS, on June 27, 2006, Mr. Critelli filed a timely appeal of the Planning
Commission's denial of his request for a variance and coastal permit to the City Council;
and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the City Council held a duly- noticed public hearing to
consider Mr. Critelli's appeal on September 19, 2006, and November 7, 2006, at which
time all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council finds that Mr. Critelli's appeal is unwarranted and
is, therefore, denied. The appeal raises no new issues and provides no information or
evidence that warrants overturning the unanimous decision of the Planning Commission
in denying the requested variance and coastal permit for after- the -fact approval of a 6-
foot -tall wall in the street -side setback area of the subject property.
Section 2: The City Council finds that, with respect to the application for a
variance for a 6- foot -tall wall in the street -side setback area of the subject property,
there are no exceptional or extraordinary circumstances or conditions applicable to the
property involved, or to the intended use of the property, which do not apply generally to_
other property in the same zoning district. The appellant purchased a home on a corner
lot and should, therefore, have reasonably expected that motorists and pedestrians
would pass by the side of his home within his view on a regular basis. Furthermore, all
other corner properties in the City are treated the same with respect to the enforcement
Section 17.76.030(C)(1)(a)(i) of the Rancho Palos Verdes Municipal Code, and there is
nothing physically exceptional or extraordinary about this corner property that warrants
treating it any differently than other corner properties in the City, because corner
properties have the same issues regarding privacy.
Section 3: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings, the City
Council of the City of Rancho Palos Verdes hereby denies the appeal and upholds the
Planning Commission's denial of a variance and coastal permit (Planning Case
No. ZON2006- 00218) without prejudice for after - the -fact approval of a 6- foot -tall wall in
the street -side setback area of a corner lot, located at 30 Pacifica Del Mar.
Resolution No. 2006 -86
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Section 4: The City shall stay enforcement of the denial of the existing wall for
sixty (60) days from the date of the adoption of this Resolution so that the
applicant/appellant may file a revised proposal with the City's Planning Division. If a
revised proposal is not filed timely, the City will then proceed with the enforcement of
this Resolution for the abatement of the non - permitted wall.
Section 5: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the
California Code of Civil Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 7th day of November 2006.
-ffayor
Attest:
C Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2006 -86 was Ouly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on November 7, 2006.
Resolution No. 2006 -86
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