PC RES 2006-026 P.C. RESOLUTION NO. 2006-26
RESOLUTION THE I 1 I F THE
CITY OF RANCHO PALOSDENYING WITHOUT
PREJUDICE A IAC COASTAL IT
(PLANNING CAS . Z 0 - 02'1 ) FOR AFTER-THE-
FACT
FT -THFACT APPROVAL OF A 6-FOOT-TALL WALL IN THE
STREET-SIDE ST AREA OF A CORNERLOT,
LOCATED AT 30 PACIFICA
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.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY 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 for a 6-foot-tall wall in the street-side setback area
of the subject property:
A. 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 applicant 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 of RPVDC Section 17.76.030(C)(1)(a)(i), and
there is nothing physically exceptional or extraordinary about this corner property
that warrants treating it any differently than other corner properties.
action 2. Although the Planning Commission believes that the proposed project
is consistent with the City's Coastal Specific Plan and the applicable public access and
recreation policies of the Coastal Act, the requested coastal permit cannot be approved
without the concurrent approval of the requested variance. Therefore, the Planning
Commission is unable to approve the requested coastal permit related to the proposed
wall.
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.64.060 and
17.72.100(B)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, no later than fifteen (15)days following June 13,2006,the date
of the Planning Commission's final action. Pursuant to Section 17.72.100(E), no appeal
fee shall be assessed by the City.
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 without prejudice a
variance and coastal permit (Planning Case No. ZON2006-00218) 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.
P.C. Resolution No. 2006-26
Page 2 of 3
i
PASSED, APPROVED, AND ADOPTED this 13th day of June 2006, by the following vote:
ASE :
Commissioners Karp, Lewis, Perestam, Ruttenberg and Tetreault,
Vice Chairman Gerstner and Chairman Knight
NOES: none
ABSTENTIONS: none
ABSENT: none
4J' Kn ght
hairman
P
Joel R ja , AICP
Direct r f Planning, Bu'ding
and C Enforcerne y and,
Secretary to the Planning Commission
M:\Projects\ZON2006-00218(Critelli,30 Pacifica del Mar)\20060613_Reso_PC.doc
P.C. Resolution No. 2006-_2.6
Page 3of3