PC RES 2005-037 P.C. RESOLUTION NO. 2005-37
RESOLUTION F THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING THE APPEAL
AND THEREBY PH L IN THEDIRECTOR'S APPROVAL OF
CASE NO. Z N 005-00005, FOR A FENCES, WALL
HEDGESE IMIT TO PERMIT A WOODEN WALL WITH THE
SEAWARD PORTION THE WALL MEASURING 14'®6" I
LENGTH AN '- " IN HEIGHT AND THE LANDWARD
PORTION OF THE WALL MEASURING V-0" IN LENGTH N
'® " IN HEIGHT, FOR PROPERTY LOCATED AT 376
FALCONHEAD DRIVE.
WHEREAS, on August 9, 2004, a code enforcement complaint was received by
Staff regarding a non-permitted property line wall constructed at 3768 Falconhead
Drive. The property owner, Victor Blanc, was subsequently advised of this violation on
August 10, 2005; and,
WHEREAS, on January 3, 2005, the property owner, Victor Blanc, submitted a
Fences, Walls & Hedges permit application (ZON2005-00005) requesting legalization of
the wall that was constructed without permits; and,
WHEREAS, on January 31, 2005, the Fences, Walls & Hedges permit
application was deemed incomplete pending the submittal of additional information;
and,
WHEREAS, on April 11, 2005, after submittal of the required information, Case
No. ZON2005-00005 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 Fences, Walls & Hedges
permit application would have a significant effect on the environment and, therefore, the
project has been found to be categorically exempt under Class 1 (Section 15301) since
the wall construction does not intensify the use of the lot since the property is currently
developed with a single-family residence; and,
WHEREAS, on June 6, 2005, the Director of Planning, Building & Code
Enforcement reviewed Case No. ZON2005-00005 and approved said Case with a
revision to the height of the seaward wall, and a Notice of Decision was prepared and
distributed to all interested parties; and,
WHEREAS, on June 20, 2005, within fifteen (15) days following the Director's
Notice of Decision, the landowner and appellant, Victor Blanc, filed an appeal to the
Planning Commission requesting that the Planning Commission overturn the Director's
P.C. Resolution No. 2005-37
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approval of Case No. ZON2005-00005 based upon the belief that the reduction of
height for the seaward portion of the wall causes significant infringement of privacy;
and,
WHEREAS, after notice issued pursuant to the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on
August 23, 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 at the proposed height of 6-6", the wood wall constructed on
the common property line causes significant view impairment from the viewing area of
the abutting property. Reducing the western (seaward) portion of the wall to 2'-8" high
would restore the view from the viewing area of the abutting property.
Section 2: That pursuant to a foliage analysis conducted on April 4, 2005, two
pine trees on the northwest corner of the rear transitional slope that exceeds 16'-0" in
height causes view impairment from the viewing area of the abutting property.
Removing the trees would restore the view from the viewing area of the abutting
property.
Section 3: That at a reduced height of 2'-8", the seaward wall measuring 14'-
6" in length and the 6-6" high landward wall measuring 7'-0" in length, comply with the
development standards established for the construction of fences, walls or hedges.
Section 4: That in the vicinity of the seaward end of the wall, each residence
and the respective yard are visible from the neighboring property, therefore, privacy is
not expected at the seaward end of the wall on the common property.
Section 5: Any interested persons 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 appeal fee of $1,081, no later than fifteen (15) 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 Memorandum to the Director dated June 3, 2005, Minutes and
other records of proceedings, the Planning Commission of the City of Rancho Palos
Verdes hereby denies the appeal, thereby upholding the Director's approval of Case
No. ZON2005-00005 for a Fences, Walls & Hedges permit application.
PASSED, APPROVED AND ADOPTED this 23rd day of August 2005, by the following
vote:
AYES: Knight, Perestam, Karp, Golida, Mueller
P.C. Resolution No. 2005-37
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NOES: None
ABSTENTIONS: None
ASSENT: Gerstner, Tetreault �—
LPaul Tetreault,
Chairman
Joeloja , AlCP
Dire for f Planni wilding and Code Enforcement; and,
Secr to the Planning Commission
P.C. Resolution No. 2005-37
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