PC RES 2005-023 P.C. RESOLUTION NO. 2005-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A VARIANCE AND SITE PLAN REVIEW (CASE
NO. ZON2004-00030), THEREBY PERMITTING THE
CONSTRUCTION OF A 20 SQUARE FOOT SECOND
SUBDIVISION IDENTIFICATION SIGN ON THE CORNER OF
HAWTHORNE BOULEVARD AND VIA CAPRI.
WHEREAS, on January 22, 2004, the applicant submitted an application for a
Variance and Site Plan Review, requesting to construct a 20 square foot second
subdivision identification sign on the north corner of Hawthorne Boulevard and Via Capri
whereas the Municipal Code only permits one tract entry sign; and,
WHEREAS, on February 9, 2004, staff completed the initial review of the
proposed plans, at which time the application was deemed incomplete due to missing
information on the project plans and/or applications. This additional information was
submitted to the City on March 7, 2005; and,
WHEREAS, on April 4, 2005, the applications Variance and Site Plan Review
were 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 Variance and Site Plan
Review, would have a significant effect on the environment and, therefore, the proposed
project has been found to be categorically exempt under Class 1 (Section 15301); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on May 10, 2005, 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 construction of a 20 square
foot second subdivision identification sign on the north corner of Hawthorne Boulevard
and Via Capri.
Section 2: The Variance is warranted since there is an exceptional or
extraordinary circumstance applicable to the property, which does not apply generally to
other properties in the same zoning district. The area near the subject site has steep
grade and severely curved road that eliminated the visibility of an existing tract
P.C. Resolution No. 2005-23
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identification sign placed on the south corner of Hawthorne Boulevard and Via Capri
without deviating from constructing more than one sign along a major street of access.
In a review of other tracts along the major arterial streets in the City, it has been found
that this condition is unique to the subject site.
Section 3: The Variance is warranted since it is necessary for the preservation
and enjoyment of a substantial property right of the applicant, which is possessed by
other property owners under like conditions in the same zoning district. As noted in the
previous section, drivers traveling southbound on Hawthorne Boulevard have no
visibility of the existing sign. Inasmuch as the other tracts along a major arterial streets
in the City have more than one subdivision identification signs and/or have
comparatively milder extent of slight grade and curved road, it is found that the deviation
from the one tract entry sign on the major street of access to allow for two signs is
necessary for the drivers traveling southbound on Hawthorne Boulevard to identify the
Villa Capri tract
Section 4: The Variance is warranted since constructing the second sign on
the north corner of Hawthorne Boulevard and Via Capri will not be materially detrimental
to the public welfare or injurious to property and improvements in the area by increasing
visibility of the tract identification. Moreover, having a visible second sign for the
southbound traffic on Hawthorne Boulevard will eliminate unnecessary u-turns at the
intersection of Palos Verdes Drive West and Hawthorne Boulevard.
Section 5: The Variance is warranted since allowing the deviation will not be
contrary to the objectives of the General Plan. It is a policy of the General Plan 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." The applicant's request to construct a second tract entry sign is consistent with
the goal of the City in preserving and enhance the visual character and physical quality
of existing neighborhoods and to encourage the development of housing in a manner
which adequately serves the needs of all present and future residents of the community.
Section 6: The Site Plan Review for the addition is warranted since the
proposal, with implementation of the adopted conditions of approval, meets all of the
requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code.
Additionally, the Site Plan Review is warranted to allow the construction of a subdivision
identification sign since it will not create a significant adverse impact.
Section 7: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040,
17.66.060, 17.72.100, 17.76.040(H) and 17.80.070 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 May 24, 2005.
Section 8: For the foregoing reasons and based on the information and
findings included in the Staff Reports, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves the
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 200523)
Variance and Site Plan Review (Case No. ZON2004-00030)
General
1. Approval of this Variance and Site Plan Review shall not be construed to mean
any waiver of applicable and appropriate zoning regulations, or any Federal,
State, County, and City laws and regulations. Unless otherwise expressly
specified, all other requirements of the City of Rancho Palos Verdes Municipal
Code shall apply.
2. 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.
3. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the "plan check" review process, pursuant to Section
17.86.070 of the City's Development Code. This approval shall become null and
void if, after initiating the "plan check" review process, or receiving a building
permit to begin construction, said "plan check" or permit is allowed to expire or is
withdrawn by the applicant.
4. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions.
5. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through
Saturday. No work is permitted on Sundays or legal holidays.
6. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
7. The construction site, adjacent public and private properties 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.
8. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
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9. The applicant, prior to the commencement of construction, shall obtain all
applicable permits, required by the Building and Safety Division.
10. No grading is permitted with this approval.
Variance
11. Approval of the Variance allows the construction of a second subdivision
identification sign on the north corner of Hawthorne Boulevard and Via Capri.
More specifically, the
12.
Site Plan Review
13. The approval of the Site Plan Review allows for the construction of a 20 square
foot tract entry sign shall be set back 11'-0" from Via Capri and 11'-0" from
Hawthorne Boulevard. The sign shall not exceed the height of 4'-0" and the
width of 5'-0".
P.C. Resolution No. 2005-23
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Variance and Site Plan Review to allow a 20 square foot second subdivision
identification sign on the north corner of Hawthorne Boulevard and Via Capri, 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.
PASSED, APPROVED AND ADOPTED this 10th day of May 2005, by the following
vote:
AYES: Commissioners Gerstner, Go l i da, Mueller, Vice Chairman Knight ,
and Chairman Tetreault
NOES: NONE
ABSTENTIONS: NONE
ABSENT: Commissioners Karp and Perestam
Paul Tetreault,
Chairman
A
J•el 'ojas, AICP
irec .r of Plan ing :uilding and Code Enforcement; and,
S-cr-tary to the - anning Commission
P.C. Resolution No. 2005- 23
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