PC RES 1992-034P.C. RESOLUTION NO. 92-34
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 331 TO ALLOW AFTER THE FACT
CONSTRUCTION OF A CONCRETE BLOCK WALL AND
RETAINING WALL WITHIN THE STREETSIDE SETBACK
AND INTERSECTION VISIBILITY TRIANGLE AT 2102
TOSCANINI DRIVE.
WHEREAS, Roger and Antonette Rizzi have submitted a variance
request for after -the -fact approval of a concrete block wall and
retaining wall within the streetside setback and intersection
visibility triangle; and
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was held on
April 28, 1992, and May 12, 1992 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 there are exceptional or extraordinary
circumstances applicable to the property which do not apply
generally to other properties in the same zoning district since the
pad area and street level are at different elevations except towards
the front of the property, it is necessary to construct an enclosure
on the property that exceeds Development Code standards in order to
provide privacy and security along the side of the structure and
pool fencing in accordance with the Building Code.
Section 2: That such a variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant, which right is possessed by other property owners under
like conditions in the same zoning district because the change in
topography and location of existing structures create a situation
where discretionary review is required for any fencing to surround
the pool and provide security and privacy on this property, where
such fencing would otherwise be approved ministerially on other
properties. Additionally, the size of the property is approximately
300 square feet smaller than the average size of properties in the
immediate area, which is similar in area to the area to be enclosed
adjacent to the structure.
Section 3: That the granting of the variance will not be
materially detrimental to the public welfare or injurious to the
property and improvements in the area in which the property is
located because the wall does not impair any views from adjacent
properties and will provide a permanent enclosure for the pool and
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will therefore improve security of the pool. Additionally, the site
and proposed plans have been reviewed by the Department of Public
Works and it was determined that the proposed walls do not cause a
disruption to the visibility at the intersection.
Section 4: That the granting of such a variance will not be
contrary to the objectives of the general plan or the policies and
requirements of the coastal specific plan in that no change in the
residential land use is proposed and the project site is not located
within the coastal zone.
Section 5: For the foregoing reasons and based on the
information and findings included in the Staff Report and records of
the proceedings, the Planning Commission hereby approves the request
for approval of Variance No. 331 to allow after -the -fact
construction of a concrete block wall and retaining wall within the
streetside setback and intersection visibility triangle subject to
the conditions of approval in Exhibit "A" which are necessary to
protect the public health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 12th day of May, 1992.
Dudley derdoDirector of—
Environmental Services and
Secretary to the Commission
L
Robert Katherman
Chairman
P.C. Resolution No. 92-34.
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EXHIBIT "A"
Conditions of Approval
Variance No. 331
2102 Toscanini
1. Portions of the new freestanding wall, adjacent to the structure
shall be removed and relocated so that the face of the new
freestanding wall is set back a minimum distance of 3 feet from
the rear of the existing retaining wall. The minimum height of
the new wall shall be five feet and the maximum height of this
wall, including pilasters, caps, lights, and any other
ornamentation shall not exceed six feet in height. No portion
of the new freestanding wall adjacent to the structure shall
extend beyond the connecting corner at the front of the house.
2. Adjacent to the pool area, the face of the new freestanding
wall shall be set back a minimum of 2-1/2 feet from the rear of
the existing retaining wall. The minimum height of the new
wall shall be five feet and the maximum height of this wall,
including pilasters, caps, lights, and any other ornamentation
shall not exceed six feet in height.
3. Within 30 days of this approval, the landowner shall submit to
the City a Covenant to Maintain Property to Protect Views, or
arrange for an on-site Staff vegetation review, subject to any
applicable fees.
Prior to issuance of building permits, the landowner shall
submit to the City a Covenant to Maintain Property to protect
views.
4. The existing pool equipment shall be relocated so that it is a
minimum of three feet from the property line, and shall be
placed within the interior portion of the new freestanding
wall. Building permits are required for relocating the
equipment. The landowner and their representative shall comply
with all recommendations and requirements, if any, of the
Division of Building and Safety.
5. Within 30 days of this approval, the landowner shall submit to
the City a landscape planting plan including vegetative
materials adequate to screen and buffer the freestanding
portions of the wall, subject to the review and approval of the
Director of Environmental Services. Said landscaping shall be
installed within 60 days of completion of the wall.
6. All gates shall be self-closing and self -latching, with all
latches located a minimum of four feet above the adjacent
grade.
P.C. Resolution No. 92-34
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