PC RES 1992-040 P.C. RESOLUTION NO. 92-40
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 335 TO ALLOW AFTER THE FACT
CONSTRUCTION OF A FENCE WHICH EXCEEDS 42
INCHES IN HEIGHT WITHIN THE STREETSIDE
SETBACK AT 6237 SCOTMIST DRIVE.
WHEREAS, Toyota Motor Sales, U.S.A. , Inc. has submitted a
variance request for after-the-fact approval of a new freestanding
fence which has been constructed on top of an existing low
freestanding block wall located within the streetside setback with a
total combined height of 7.5 feet; and
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was held on
June 23, 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
existinci home is situated on the corner lot in such a manner that
the entire length of the rear yard, without fencing, is highly
g y
visible from the street and sidewalk, as well as from adjacent
properties located across the street. In order to provide privacy
and security along the rear of the property, it is necessary to
construct fencing which exceeds Development Code standards.
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 location of
the property on the corner lot creates a situation where
discretionary review is required for any fencing that would provide
security and privacy in the rear yard of this property, where such
fencing would otherwise be approved ministerially- on other
properties.
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 project has been conditioned to reduce the
height of the wall in order to maintain views from the adjacent
property and no portion of the wall is located within the
intersection visibility triangle.
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. 335 to allow after-the-fact
construction of a new freestanding fence on top of an existing low
freestanding block wall located within the streetside setback
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 23rd day of June, 1992.
,A1
Robert Ka herman
Chairman
Du. ey • •er•on , Direc or o
Environmental Services and
Secretary to the Commission
P.C. Resolution No. 92-40 .
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EXHIBIT "A"
Conditions of Approval
Variance No. 335
6237 Scotmist
1. Within thirty (30) days of this approval, the front half of the
existing fence located closest to the existing structure shall
be reduced in height to a maximum of six (6) feet and the
remaining rear half of the fence shall be reduced to a maximum
of five (5) feet in height, in accordance with the stepping
nature of the existing concrete block walls on which the new
fence has been constructed.
2 . Within thirty (30) days of this approval, the landowner shall
submit to the City a Covenant to Maintain Property to Protect
Views.
3 . 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 new fence and
freestanding wall, subject to the review and approval of the
Director of Environmental Services. Said landscaping shall be
installed within 60 days of this approval.
P.C. Resolution No. 92-40.
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