PC RES 2007-003 P.C. RESOLUTION NO. 2007-03
RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF
RANCHO PALOS VERDESDENYING THE APPEAL, THEREBY
UPHOLDING THE DIRECTOR'S APPROVAL OF A FENCES, WALLS,
AND WEDGES PERMIT (CASE NO. ZON26-00478), WHICH
LL 6-FOOT TALL WALL ALONG THE REAR (SOUTH)
PROPERTY LINE NEARTHE TOP OF THE SLOPE.
WHEREAS, on September 1, 2006, the applicant submitted an application for a Fences,
Malls, and Hedges Permit (Case No. ZON2006-00478), a request to construct a 6-foot tall wall
along the rear (south) property line near the top of the slope; and,
WHEREAS, on September 25, 2006, the application for the Fences, Walls, and Hedges
Permit 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 Fences, Walls, and Hedges Permit, will have a
significant effect on the environment and, therefore, the proposed project has been found to be
categorically exempt under Class 3 (Section 15303); and,
WHEREAS, on October 11, 2006, the Director of Planning, Building, and Code
Enforcement approved the Fences, Walls, and Hedges Permit (Case No. ZON2006-00478). In
accordance with the Municipal Code requirements, a Notice of Decision for the approval was
sent to all interested parties; and,
WHEREAS, on October 23, 2006, the appellants (Neil Koch and Cheryl Landholm) filed
a timely appeal of the Director's decision, requesting that the Planning Commission reverse the
approval of the Fences, Walls, and Hedges Permit. The basis of the appeal is that the
approved project will significantly impair their view; and,
WHEREAS, after public notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
January 9, 2007, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITE( OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section "I: That the Director approved project that includes the construction of a 6-
foot tall wall along the rear (south) property line near the top of the slope be modified to a
maximum height of 5-feet.
Section 22: That the main viewing area shall be determined to be the outside rear
patio area since there is no view from the inside of the residence. That a 5-foot tall fence, wall
or hedge would not significantly impair a view from the viewing area, as defined in Chapter
17.02 (Single-Family Residential Districts), of another property or a view from public property
which has been identified in the city's general plan or coastal specific plan, as a city-designated
P.C. Resolution No. 2007-03
Page 1 of 4
viewing area since the top of the 5-foot tall wall will be below the city light and distant mountain
view.
Section 3: That all foliage on the applicant's lot which exceeds sixteen feet or the
ridgeline of the primary structure, whichever is lower, does not impair a view from the viewing
area as defined in Chapter 17.02 (Single-Family Residential Districts), of another parcel or a
view form public property which has been identified in the city's general plan or coastal specific
plan, as a city-designated viewing area.
Section 4: That placement or construction of the 5-foot tall wall complies with all
applicable standards and requirements of the Rancho Palos Verdes Municipal Code and
general plan.
Section 5: Any interested person aggrieved by this decision or any portion of this
decision may appeal, in writing to the City Council. The appeal shall set forth the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must be filed
within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday,
January 24, 2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is
filed timely, the Planning Commission's decision will be final at 5:30 PM on January 24, 2007.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby denies the appeal, thereby upholding the Director of Planning, Building, and Code
Enforcement's approval of a Fences, Walls, and Hedges Permit (Case No. ZON2006-00478)
with a modified Conditions of Approval to limit the height of the proposed wall to be 5 feet along
the rear (south) property line near the top of the slope, subject to the conditions contained in
Exhibit W, 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 gth day of January 2007, by the following vote:
AYES: iCommissioners Karp, Lewis, Perestam, Ruttenberg, Tetreault, Vice Chairman
Gerstner, Chairman Knight
NOES: None
ABSTENTIONS: None
ABSENT: None
Knigh ,
Chairma
JoI R as, AIC
Di cto of Plan wilding
an de Enforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2007-03
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Exhibit"A"
Conditions of Approval
ZON2006-00478
(Fences, Walls & Hedges Permit)
General
1. Approval of this Fence, Walls, and Hedges permit 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 approval shall become null and void after 180 days from the date of 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.
3. 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. Said statement shall
be submitted to the Director of Planning, Building, and Code Enforcement prior to submittal
of plans to "plan check" or within ninety (90) days of the effective date of approval, which
ever occurs first. Failure to provide said written statement shall render this approval null and
void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve minor
modifications to the conditions of approval and/or the approved plans, provided such
modifications will achieve substantially the same results as would strict compliance with the
original plans or 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. Trucks and other construction vehicles shall
not park, queue and/or idle at the project site or in the adjoining public rights-of-way before
7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction
stated above.
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.
9. Prior to the commencement of construction, the applicant shall obtain all applicable permits
as required by the Building and Safety Division.
P.C. Resolution No. 2007-03
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Fence, Walls, Fledges Permit
10.The proposed wall along the rear (south) property line, near the top of the transitional
upslope, shall not exceed a maximum height of 5 feet, as measured from where the wall
meets existing grade. Planting of vegetation shall be permitted on the slope, however, not
to exceed the height of the proposed wall. All vegetation must be maintained not to exceed
the top of the wall.
11.Any future replacement sections of the wall or new replacement wall in total shall not exceed
5 feet, as measured from where the wall meets existing grade.
P.C. Resolution No. 2007-03
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