PC RES 2009-043 P.C. RESOLUTION NO. 2009-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VE DES APPROVING, WITH CONDITIONS, A
VARIANCE TO ALLOW AFTER-THE-FACT CONSTRUCTION OF
FIVE (5) FOOT TALL FOUNTAIN IN THE FRONT SETBACK OF A
MULTI-FAMILY RESIDENTIAL COMPLEX L CATS AT 5658
RA ENSPUDRIVE (Z N2 9-00223)
WHEREAS, on October 21, 2008, the Palos Verdes Monte Vista Homeowners
Association (the applicant) was awarded a Beautification Grant by the City Council for
improvements to the area in front of the multi-family residential complex; and,
WHEREAS, on April 13, 2009, the applicant contacted the City and it was discovered
that the applicant was not informed that a Variance and building permits were required for the
five (5) foot tall fountain located in the front setback; and,
WHEREAS, on May 27, 2009, the applicant submitted a Variance application; and,
WHEREAS, on June 15, 2009, the application was deemed incomplete; and,
WHEREAS, on September 14, 2009, after the submittal of additional information, the
application was subsequently deemed complete for review; and,
WHEREAS, on September 22, 2009, notice of the application and public hearing was
sent to all property owners within 500 feet of the subject site; and,
WHEREAS, on September 24, 2009, the notice of public hearing was published in the
Palos Verdes Peninsula News; 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 Variance 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 13, 2009, the Planning Commission held a public hearing, 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. The Variance request is for after-the-fact approval of an existing five (5)
foot tall fountain located in the front setback of a multi-family residential complex.
Section e The Variance can be approved because the applicant constructed the
five (5) foot tall fountain in the front setback area without notification by Staff prior to its
construction that permits were required.
P.C. Resolution No. 2009-43
Page 1 of 4
Section 3: Any interested person aggrieved by this decision or any portion of this
decision may appeal 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, October
28, 2009. A $2,255.00 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 October 28, 2009.
Section 4: 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 conditionally approves the Variance, subject to the conditions set forth in the attached
`Exhibit A' (Case No. ZON2009-00223).
PASSED, APPROVED AND ADOPTED this 13th day of October 2009, by the following vote:
AYES: Commissioners Knight, Perestam, Ruttenberg, Tetrault, Tomblin, Vice
Chairman Gerstner, Chairman Lewis
NOES: None
RECUSALS: None
ABSTENTIONS: None
ABSENT: None
ey
Chair
Joel R 'as AICP
Direc r of Planni uilding
and ode nforcement; and,
Secre of the Planning Commission
P.C. Resolution No. 2009- 43
Page 2 of 4
Exhibit"A"
Conditions of Approval
Case No. Z N2009-00223 (VAR)
5658 Ravensur Drive
1. Approval of this Variance 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 1 year 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, 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 development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the multi-family
residential development standards of the City's Municipal Code.
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.
P.C. Resolution No. 2009-43
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9. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
10. This Variance is for after-the-fact approval of 5 foot tall fountain located in the front
setback of the multi-family residential complex. Specifically, the 5 foot tall fountain is
located 3 feet from the front property line.
11. The applicant must obtain all required permits from the Building and Safety Division.
12. The existing outdoor lighting shall abide by all Development Code standards listed in
Section 17.56.030 of the City's Municipal Code.
P.C. Resolution No. 2009-43
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