PC RES 2014-026 P.C. RESOLUTION NO. 2014-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE DIRECTOR'S DECISION
TO APPROVE, WiTH CONDITIONS, A FENCEIWALL PERMIT FOR A
7'18' TALL COMBINATION WALL ALONG THE SOUTH SIDE
PROPERTY LINE FROM THE EDGE OF THE REAR BUILDING
FACADE TO THE TOP OF THE SLOPE FOR A TOTAL LENGTH OF
23' AT 29023 SPRUCEGROVE DRIVE (ZON2014-00202).
WHEREAS, on May 27, 2014, the property owner (Darrel Hesser) submitted a
Fence/Wall Permit, requesting approval for an 8' tall combination wall (solid wood barrier on top
of an existing retaining wall) along the south side property line (abutting 29029 Sprucegrove
Drive) from the edge of the rear building fagad'e to the top of the slope, equivalent to a length of
approximately 23'; and,
WHEREAS, on June 26, 2014, the Director approved a FenceflNall Permit for an 8' tall
combination wall, as measured from the grade on the lower side at 29023 Sprucegrove Drive.
Said wall consists of a 2.5' tall framed acrylic fence on top of a 4' tall solid wood fence on top of
an existing 1.5' tall retaining wall. Only the 6.5° tall acrylic and wood fence would exceed the
grade level on the higher side at 29029 Sprucegrove Drive; and,
WHEREAS, on June 27, 2014, a Notice of Decision was issued informing interested
parties of the 15-day appeal period ending on July 14, 2014; and,
WHEREAS, on July 11, 2014, the abutting property owner of 29029 Sprucegrove Drive
(Hossein and Vicky Shahbazian) submitted a timely appeal, requesting that the Planning
Commission overturn the Director's approval based on concerns related to the application
process, view impairment, unpermitted retaining wall, and inconsistency with the Municipal
Code; and,
WHEREAS, on July 24, 2014, a public notice was mailed to all persons owning
property owners within a 500' radius from the subject property and published in the Palos
Verdes Peninsula News pursuant to the requirements of the Rancho Palos Verdes
Development Code, and,
WHEREAS, on August 12, 2014, the Planning Commission continued the public hearing
to September 9, 2014 based on the impacted agenda and the applicant's availability; 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), the proposed project has been found to be categorically exempt under Class 3
(Section 15303); and,
WHEREAS, the Planning Commission held a duly noticed public hearing on September
9, 2014, at which time all interested parties were given an opportunity to be heard and present
evidence.
P.C. Resolution No. 2014-26
Page 1
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves a combination wall, not to exceed 8' in
height, as measured from the grade on the lower side at 29023 Sprucegrove Drive (applicant)
and T, as measured from the grade on the higher side at 29029 Sprucegrove Drive (appellant).
This 7'18' tall combination wall is allowed along the south side property line from the edge of the
rear building fagade of 29023 Sprucegrove Drive to the top of the slope, for a total length of 23'.
Said wall consists of a 25 tall framed, transparent acrylic fence on top of a 4' tall solid wood
fence on top of an existing 1.5' tall retaining wall,
Section 2: A Fence/Wall Permit is warranted because:
A, The combination wall would not significantly impair a view from the viewing area of
another property or a view from public property which has been identified in the City's
General Plan or Coastal Specific Plans, as a city-designated viewing area. More
specifically, the 8' tall combination wall of which 6.5' tall portion would be above the
grade level of 29029 Sprucegrove Drive (25 tall framed, transparent fence that allows
80% transparency of vision light or air on top of a solid wood fence up to 4' in height)
would not cause significant view impairment as only a minimal amount of ocean view
from the appellant's viewing area would be impaired. Additionally, when the entirety of
the view is considered, the proposed combination wall would be located in the far right
periphery of the appellant's view frame and the remaining ocean and Catalina views
would not be impaired. Furthermore, from the viewing area of 29043 Sprucegrove Drive
(Wang), there would be even less view impairment caused by the proposed 8' tall
combination wall as it would be located in the right periphery of the view frame and the
remaining ocean and Catalina views would not be impaired. Moreover, there are no
public properties in the vicinity that has a view across the proposed project area and the
subject property is not located within the City's coastal zone.
B. There is no foliage on the applicant's lot which exceeds 16' or the ridgeline of the
primary structure, whichever is lower, that impairs a view from the viewing area of
another parcel, or a view from public property which has been identified in the city's
general plan or coastal specific plan, as a city-designated viewing area.
C. Placement or construction of a fence or wall complies with all applicable standards and
requirements of the Rancho Palos Verdes Municipal Code and General Plan. More
specifically, pursuant to Municipal Code Section 17.76.030(C)(b)(iii), "when combined,
the total height of a fence, freestanding wall or retaining wall may not exceed 8', as
measured from grade an the lower side, and may not exceed 7'' as measured from the
grade on the higher side".
The proposed combination wall will not exceed 8' in height
from the grade on the lower side at 29023 Sprucegrove Drive and 7' from the abutting
property's grade on the higher side at 29029 Sprucegrove Drive. Additionally, the City's
General Plan, Policy No, 14 of the Urban Environment Element states the following:
"Prohibit encroachment on existing scenic views reasonably expected by neighboring
residents" The 8' tall combination wall (2.5' tall framed, transparent acrylic fence on top
of a 4' tall solid wood barrier on top of an existing 15 tall retaining wall) would project
into a minimal amount of ocean view at the periphery of the view frame of the abutting
neighbors' viewing area, while the remainder of the ocean and Catalina view would be
preserved.
P.C. Resolution No. 2014-26
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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 in writing, 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,
September 24, 2014, A $2,275.00 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 September 24,
2014.
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 the appeal and upholds the
Director's decision to approve, with conditions, the Fence/Wall Permit, subject to the conditions
set forth in the attached 'Exhibit A' (Case No. ZON2014-00202).
PASSED, APPROVED AND ADOPTED this 9th day of September 2014, by the following vote:
AYES: Commissioners Cruikshank, Emenhiser, Gerstner and Vice Chairman Nelson
NOES: Commissioner James
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Tomblin and Chairman Leon . ......
Gordon Leon,
Chairman
Joel Roj s, ICP
Commu ity evelopmu Director and
f
Secreta o he Planning Commission
P.C. Resolution No. 2014-26
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. ZON2014-00202 (FENCEIWALL PERMIT)
29023 SPRUCEGROVE DRIVE
1 This approval is for a combination wall not to exceed 8' in height, as measured from the
grade on the lower side (29023 Sprucegrove Drive) and 7% as measured from the grade
on the higher side (29029 Sprucegrove Drive). This 778' tall combination wall is allowed
along the south side property line from the edge of the rear building faqade of 29023
Sprucegrove Drive to the top of the slope, for a total length of 23'. Said wall consists of
2.5' tall framed, transparent acrylic fence on top of a 4' tall solid wood barrier on top of
an existing 1.5' tall retaining wall,
2. The existing chain link fence shall be removed, prior to the installation of the approved
combination wall detailed in Condition No. 1 above.
3. Prior to the submittal of plans into Building and Safety plan check, the applicant and the
property owner shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this decision. Failure to
provide said written statement within ninety (90) days following the date of this approval
shall render this approval null and void,
4. Prior to conducting any work in the public right of way, such as for curb cuts, clumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works,
5. Approval of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulations, or any Federal, State, County and/or City laws and regulations.
Unless otherwise expressly specified, all other requirements of the City of Rancho Palos
Verdes Municipal Code shall apply.
6. The Community Development Director is authorized to make minor modifications to the
approved plans and any of the conditions of approval if such modifications will achieve
substantially the same results as would strict compliance with the approved plans and
conditions, Otherwise, any substantive change to the project shall require approval of a
revision by the final body that approved the original project, which may require new and
separate environmental review.
7. 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 residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
8. 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.
9. if the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within one year of the final effective date of this decision, approval
of the project shall expire and be of no further effect unless, prior to expiration, a written
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request for extension is filed and approved by the Community Development Director.
10. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard shall
apply.
11. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
date of this decision.
12. The construction site and adjacent public and private properties and streets 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.
13. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:OOAM to 5:OOPM on Saturday, with no construction activity permitted
on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code, During demolition, construction and/or grading operations,
trucks shall not park, queue andlor idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
14. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
15, All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official,
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