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PC RES 2005-002 P.C. RESOLUTION NO. 2 -02 RESOLUTION F THE PLANNING COMMISSION OTHE CITY OF RANCHO PALOSAPPROVING VARIANCE, I EXCEPTION PERMIT ITPLAN VIE (PLANNING CASE NO.Z 2 3- 126) FOR THE CONSTRUCTION F VARIOUS WALLS, FENCES, SOLID GATES, PILASTERS AND HARDSCAPEWITHIN THE FRONT AND STREET-SIDESETBACK AREAS AND THE INTERSECTION VISIBILITY TRIANGLE F AN EXISTING SINGLE-FAMILY I C IN THE PORTUGUESE COMMUNITY, LC T T1 NARCISSA DRIVE WHEREAS, on March 11, 2003, and November 4, 2004, the applicants, Dan and Vicki Pinkham, submitted an application for Planning Case No. ZON2003-00126 for a variance, minor exception permit and site plan review to allow the construction of fences, walls, pilasters and gates in the front and street-side setback areas and the intersection visibility triangle of their existing, single-family residence on Narcissa Drive in the Portuguese Bend community; and, WHEREAS, on December 3, 2004,the application for Planning Case No.ZON2003- 00126 was deemed complete by Staff; 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 requested variance, minor exception permit and site plan review would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 3, Section 15303(e)); 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 January 15, 2005, at which time all interested parties were given an opportunity to be heard and present evidence. NOW,THEREFORE,THE PLANNING COMMISSION DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for a variance to allow 10-foot-tall pilasters and 9-foot-tall solid vehicle and pedestrian gates in the front-yard setback, and an 8-foot-tall solid wall and gate in the street-side setback: A. There are 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 residence on the subject property was originally built in 1929 as a gatehouse for the Vanderlip estate in the Portuguese Bend community, and has no street-side setback from Narcissa Drive and no garage. Although the property is more than two(2)acres in size, its shape is irregular and steep slopes limit the "buildable" area to a 0.15-acre area at the extreme southwest corner of the property. In addition, the location of the property and its relationship to surrounding uses and activities is unique. Narcissa Drive is one of only two access points to the Portuguese Bend community, while Palos Verdes Drive South is a major public thoroughfare. Both the front- and rear-yard areas of the property are exposed to these rights-of-way. The applicants report frequent problems with trespassing, gate-crashing, illegal beach parking, use of their yards as vehicle turnarounds, and other activities that threaten the peace and security of the property. The increased height of the proposed pilasters, gates and walls would improve the security of the site, which is otherwise compromised by its unique configuration and location. B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. The nearest similarly-situated property is the residence across the street at 5500 Palos Verdes Drive South. Like the subject property,this residence was also built as a gatehouse. The residence at 5500 Palos Verdes Drive South, however, is oriented in such a way that its private yard areas are not exposed to public access in the manner of the subject property. The driveway access at 5500 Palos Verdes Drive South is also enclosed by a 10- foot-tall gate, similar to the gate that is proposed by the applicants. A 13-foot-tall wall and pilaster is also located across Narcissa Drive on property owned by the Portuguese Bend Community Association, which helps to enclose and provide security for the rest of the Portuguese Bend community. As such, the increased height of the proposed pilasters, gates and walls along Narcissa Drive would provide a level of security and enclosure for the subject property that is comparable to that enjoyed by these neighboring properties. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. The primary purpose of the increased height of the proposed pilasters, gates and walls along Narcissa Drive is to improve the security of the subject property from a variety of nuisance and/or illegal activities. As an additional benefit, the reduction in these activities on the subject property should also benefit Portuguese Bend residents and the general public as a whole. In addition, the applicants have designed the proposed pilasters, gates and walls to complement and enhance the architecture and historic character of the subject property and the Harden gatehouse across the street. Finally, due to the height of the proposed pilasters, gates and P.C. Resolution No. 2005-02 Page 2 of 8 walls, the applicant will be required to obtain building permits to ensure that they are constructed properly and safely. D. Granting the variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan. The development and improvement of single-family residences and related accessory structures are among the primary permitted uses within the Residential, <1 DU/acre land use designation of the General Plan. The proposed project is also consistent with Housing Activity Policy No. 3 of the General Plan, which calls upon the City to "[encourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." Section 2: The Planning Commission makes the following findings of fact with respect to the application for a minor exception permit to allow a 5-to 6-foot-tall fence in the front-yard setback; A. The requested minor exception is warranted by an unnecessary hardship. As discussed in the variance findings above, other properties in the immediate vicinity are secured from the types of nuisance and/or illegal activities experienced by the project applicants as a result of their location and configuration. The increased height of the fence along Palos Verdes Drive South is necessary to provide an equivalent level of enclosure and security for the subject property, and avoid an unnecessary hardship upon the subject property. S. The requested minor exception is necessary to avoid inconsistencies with the general intent of the Development Code. The stated purpose of the City's fence, wall and hedge regulations is to "provide for the construction of fences, walls and hedges as required for privacy and for protection against hazardous conditions, dangerous visual obstruction at street intersections and unnecessary impairment of views." Without the higher fence,the front-yard area of the property would continue to be exposed to Palos Verdes Drive South, which would in turn expose the applicants to the hazard of nuisance and/or illegal activities in their front yard. In addition, the increased fence height will not pose a visual obstruction at the intersection of Narcissa Drive and Palos Verdes Drive South. Therefore,the 5-to 6- foot-tall fence in the front setback area is warranted in order to provide additional site security and to maintain consistency with the general provisions of the Development Code. Section 3® The Planning Commission makes the following findings of fact with respect to the application for site plan review to allow portions of the proposed fence, pilasters and gates in excess of thirty inches(30")in height to encroach into the intersection visibility triangle at the northeast corner of Narcissa Drive and Palos Verdes Drive South; P.C. Resolution No. 2005-02 Page 3 of 8 and to allow an 850-square-foot paved driveway and parking area in the front-yard setback area: A. The Director of Public Works has reviewed the proposed encroachments and determined that the proposed project will not result in any traffic safety hazards for motorists or pedestrians. The proposed driveway and parking area will not exceed fifty percent (50%) of the front-yard setback area of the property. The Planning Commission therefore finds that the proposed project meets all other development standards of the RS-1 zoning district and will not create a hazard to public safety. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.48.070(D), 17.64.060 and 17.66.060 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 January 11, 2005, the date of the Planning Commission's final action. Section 5m 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 approves a variance, minor exception permit and site plan review (Planning Case No. ZON2003-00126) for the construction of various walls, fences, solid gates, pilasters and hardscape within the front and street-side setback areas and the intersection visibility triangle of an existing single- family residence in the Portuguese Bend community, located at 1 Narcissa Drive, subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. P.C. Resolution No. 2005-02 Page 4 of 8 PASSED, APPROVED, AND ADOPTED this H th day of January 2005, by the following vote: AYES: Chairman Mueller, Commissioners Gerstner, Knight, Perestam and Tetreault NOES: none ABSTENTIONS: none ABSENT: Commissioner Karp i g a---_4 I Mueller Chairman J el Ro s, A18P .c�_qa irecto of PlanniLg wilding C I forc ')n,t-, and, USndC de En te S Lary to the Planning Commission P.C. Resolution No. 2005-02 Page 5 of 8 EXHIBITW CONDITIONS F APPROVAL FOR PLANNING2 3a 1 (Pinkham, 1 Narcissa rive) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, 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 ninety (90) days following date of this approval shall render this approval null and void. 2. This approval is for the construction of a pair of 10-foot-tall pilasters, 9-foot-tall solid vehicle and pedestrian gates and a 5-foot-tall fence along the street-side property line (i.e., Narcissa Drive) in front of the existing house and partially within the intersection visibility triangle; a 5- to 6-foot-tall fence along the front property line (i.e., Palos Verdes Drive South)and within the intersection visibility triangle; an 850- square-foot paved driveway and parking area in the front-yard setback; and an 8- foot-tall solid wall and gate along the street-side property line to the rear of the existing house in the Portuguese Bend community, located at 1 Narcissa Drive. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the variance, site plan review and/or minor exception permit by the Planning Commission and shall require new and separate environmental review. 3. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-1 district development standards of the City's Municipal Code. 4. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 5. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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 Department of Planning, Building and Code Enforcement and approved by the Director. Otherwise, a P.C. Resolution No. 2005-02 Page 6 of 8 variance, minor exception permit and site plan review revision must be approved prior to further development. 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. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 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 ANI to 7:00 PM, Monday through Saturday,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. 10. No grading is approved by this action. Variance Conditions: 11. The pair of pilasters in the front-yard setback shall not exceed ten feet (10'0") in height. 12. The vehicle and pedestrian gates in the front-yard setback shall not exceed nine feet (9'0") in height. 13. The wall and gate in the street-side-yard setback to the rear of the house shall not exceed eight feet (8'0") in height. 14. The approved walls and pilasters shall be finished with stucco or plaster to match the existing house. Minor Exception Permit Conditions: 15. The fence in the front-yard setback may vary between five feet (5'0") and six feet (6'0") in height as depicted in the approved plans. At no point shall the height of the fence exceed six feet (60"), as viewed from Palos Verdes Drive South. P.C. Resolution No. 2005-02 Page 7 of 8 16. The material of the fence shall provide, and shall be maintained in the future so as to provide, 80-percent openness for the passage of light and air. The use of a hedge or screen fabric on or adjacent to the fence is not permitted. Site Plan Review Conditions: 17. The portion of the fence located within the intersection visibility triangle at the northeast corner of Narcissa ®rive and Palos Verdes ®rive South shall provide, and shall be maintained in the future so as to provide, 80-percent openness for the passage of light and air. The use of a hedge or screen fabric on or adjacent to the fence is not permitted. 18. The existing 1,600-square-foot unpaved driveway and parking area in the front-yard setback area shall be modified to provide an 850-square-foot paved driveway and parking area. MAProjects\ZON2003-00126(Pinkham,1 Narcissa Dr)\PC Resolution 2005-02.doc P.C. Resolution No. 2005-02 Page 8of8