PC RES 1991-032P.C. RESOLUTION NO. 91-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 294 FOR AFTER -THE -FACT APPROVAL OF AN 8
FOOT GATE WITH A 9-1/2 FENCE ALONG THE FRONT YARD
SETBACK AND APPROVING THE APPEAL OF MINOR EXCEPTION
PERMIT NO. 413 FOR AFTER -THE -FACT APPROVAL OF A
9-1/2 FOOT COMBINED HEIGHT FENCE ALONG THE SIDE
PROPERTY LINE AT 28319 PLAINFIELD.
WHEREAS, on November 22, 1988 the Planning Commission of the City
of Rancho Palos Verdes conditionally approved Grading Permit No. 1167
to allow construction of a pool, spa, and 4'6" high retaining wail
parallel to the side property line at 28319 Plainfield; and
WHEREAS, as constructed, the retaining wall was moved closer to
the side property line and the amount of retention increased in height
by one foot to a height of 5'6", which changed the location of the wall
and has created the need for further discretionary review of pool
fencing placed along the side property line; and
WHEREAS, on January 10, 1991, the Director of Environmental
Services denied Minor Exception Permit No. 393 for after -the -fact
approval of pool fencing which had been placed along the side property
line with a combined height that exceeded Development Code standards,
which was not appealed by the landowner; and
WHEREAS, on March 29, 1991, the landowner submitted an application
for Variance No. 294 requesting after -the -fact approval of an 8 foot
gate and for a 9-1/2 foot high fence located along the front setback
line; and
WHEREAS, on April 3, 1991, the landowner resubmitted a new
application for Minor Exception Permit No. 413 which was subsequently
denied by the Director of Environmental Services on May 30, 1991, and
which was appealed by the landowner; and
WHEREAS, after notice pursuant to the City's Development Code, the
Planning Commission held a public hearing on June 25, 1991 and July 9,
1991, 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 when the landowner constructed the side yard
retaining wall in a different configuration than that approved by the
Planning Commission, a practical difficulty was created that caused the
need for a Minor Exception Permit for construction of pool fencing
along the side property line and for a Variance for construction of
fencing along the front setback of the property. Denial of these
applications would deny the property owner the ability to enclose the
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pool in accordance with Development Code and Building Code
requirements.
Section 2: That the transitional slope along the side property
in combination with the existing side yard retaining wall line creates
an unusual or extraordinary circumstance which, without the granting of
this Variance and Minor Exception Permit, would make it difficult to
install proper pool fencing on or adjacent to the side property line in
conformance with the Development Code and Building Code.
Section 3: That such a variance is necessary for the preservation
and enjoyment of a substantial property right of the applicant because
the pool must be fenced in accordance with the Development Code and
Building Code standards.
Section 4: That the granting of the variance will not be
materially detrimental to the public welfare because fencing the pool
in.conformance with Development Code, Building Code standards, and
conditions attached hereto in Exhibit "A" will improve the safety and
security of the pool.
Section 5: That the granting of the variance will not be contrary
to the general plan or the policies and requirements of the coastal
specific plan because the use of the subject property will remain
single family residential, and it is not located in the coastal zone.
Section 6: For the foregoing reasons and based on information and
findings included in the staff report, records of the proceedings, and
evidence presented at the public hearing, the Planning Commission of
the City of Rancho Palos Verdes hereby approves Variance No. 294 for
after -the -fact approval of an 8 foot gate and 8-1/2 foot maximum height
fence along the front setback, and approves the appeal of Minor
Exception Permit No. 413 for after -the -fact approval of a 9-1/2 foot
combined height pool fence along the side property line at 28319
Plainfield Drive subject to the conditions of approval attached in
Exhibit "A" which are necessary to protect the public health, safety,
and welfare.
PASSED, APPROVED, and ADOPTED this 23rd day of July, 1991.
obrt Benar , Director of
Env ronmental Services and
Secretary to the Commission
Peter Vbn Hagen
Chairman
P.C. Resolution No. 91-32 .
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 294, MINOR EXCEPTION PERMIT NO. 413
28319 Plainfield
1. All installed fencing along the side property line and along that
portion of the front setback across the sideyard transitional
slope shall be wrought iron and shall conform to minimum standards
established by the Building Code and by the Building Official.
2. The permanent pool fencing shall be installed to the satisfaction
of the Building Official and of the Director of Environmental
Services no later than ninety (90) days from the date of this
approval. One thirty (30) day extension may be granted upon
written request by the landowner to the Director of Environmental
Services.
3. During installation of the permanent fence, no portion of either
the temporary or permanent pool fence shall be left open and
unattended at any time.
4. Fencing along the northern side property line shall be placed on
top of the existing 4'6" high (exposed height) retaining wall.
The wrought iron fence shall be 5 feet in height as measured from
one (1) foot outside from where the fence is attached to the top
of the retaining wall.
5. Fencing along the front setback shall not exceed 8-1/2 feet in
height.
6. One leaf of the existing 8 foot double gate shall be permanently
fixed (welded) so that only one leaf is operational or the gate
shall be replaced with one single operational leaf, no more than
four (4) feet in width, with self-closing, self -latching fixtures.
7. Within 180 days or prior to final inspection of the pool,
whichever comes first, landscaping in accordance with the City's
guidelines shall be installed in all areas visible from the public
right-of-way or adjacent properties. A minimum of eighty percent
(80%) of the total landscaped area shall be planted with drought
tolerant plant materials. Separate irrigation systems shall be
installed for all high water use areas. Drip or bubbler
irrigation systems shall be used wherever possible, and to
irrigate trees.
8. Prior to final inspection of the pool or prior to issuance of any
permit to add habitable space to the property, whichever comes
first, Landowner shall submit to the City a Covenant to Maintain
Property to protect views.
P.C. Resolution No. 91-32 .
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