PC RES 1994-056P.C. RESOLUTION NO. 94-56
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING COASTAL PERMIT NO. 124
FOR AFTER -THE -FACT CONSTRUCTION OF A FOUNTAIN THAT
EXCEEDS A MAXIMUM HEIGHT OF 42 INCHES IN THE REQUIRED
FRONT YARD SETBACK AREA, AND DENYING COASTAL PERMIT
NO. 124 FOR INSTALLATION OF EXTERIOR LIGHTING SEAWARD
OF THE BUILDING SETBACK LINE ON PROPERTY LOCATED
WITHIN COASTAL SUBREGION NO. 3 AT 6470 SEACOVE DRIVE
WHEREAS, on July 7, 1994, the applicant submitted Variance No. 378
and Coastal Permit No. 124 to the City, and on August 5, 1994, the
applications were deemed complete for consideration of after -the -fact
requests to allow a fountain that exceeds a maximum height of 42 inches
within the required fifty foot front yard setback area, an outdoor bar and
barbecue area which is partially located seaward of the Building Setback
Line and within the required sideyard setback area, and for installation
of exterior lighting seaward of the Building Setback Line on property
located within Coastal Subregion No. 3; and,
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act, Public Resources Code Sections 2100 et seq. ("CEQA"), the
State's CEQA guidelines, California Code of Regulation, Title 14, Section
15000 et. seq., the City's Local CEQA Guidelines, and Government Code
Section 65952.5(e) (Hazardous Waste and Substances Statement), there was
no substantial evidence that Variance No. 378 would have any effect on the
environment. Accordingly, the proposed project has been found to be
categorically exempt (Class I); and,
WHEREAS, pursuant to the requirements of the City's Development Code,
the Planning Commission of the City of Rancho Palos Verdes held a public
hearing on September 27, 1994 and October 25, 1994, at which time all
interested parties were given an opportunity to be heard and present
evidence; and,
WHEREAS, on November 9, 1994, the Planning Commission continued
consideration of the Resolution to December 13, 1994.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: That there are pending revisions to the City's
Development Code which, if adopted, would allow review and approval of the
outdoor bar and barbecue area under the City's Site Plan Review
procedures. Therefore, the Planning Commission finds it appropriate to
table its decision with respect to the outdoor bar and barbecue area until
the proposed revisions to the Development Code are adopted by the City
Council. Pursuant to the Conditions of Approval contained in Exhibit "A"
of P.C. Resolution No. 94- for Variance No. 378, if the revisions
necessary to allow review and approval by Staff through the Site Plan
Review procedures are not adopted, the landowner shall remove those
portions of the outdoor bar and barbecue area which are located within the
required side yard setback area, or re -activate the Variance within sixty
(60) days of the adoption of the final Development Code revisions.
Section 2: Since the fountain does not result in any adverse
impacts to the nearby bluff, coastline, or open space areas, the fountain
located in the required front yard setback area is in conformance with the
Coastal Specific Plan. Additionally, since the existing public trail
located at the rear of the property will remain accessible to the public
from designated public access areas, the proposed development, which is
located between the sea and the first public road, is in conformance with
applicable public access and recreation policies of the Coastal Act.
Section 3: Since the exterior lighting may adversely impact
nighttime enjoyment of the coastline from surrounding properties, the
exterior lighting located seaward of the Building Setback Line is not in
conformance with the Coastal Specific Plan. Additionally, since the
required findings for the granting of the accompanying application for
Variance No. 378 for the exterior lighting cannot be made, the Coastal
Permit cannot be granted for the exterior lighting.
Section 4: The time within which judicial review of the decision
reflected in this Resolution must be sought, if available, is governed by
Section 1094.6 of the California Code of Civil Procedure.
Section 6: For the foregoing reasons and based on the information
and findings contained in the Staff Report, minutes, records of the
proceedings, and P.C. Resolution No. 94- for Variance No. 378, the
Planning Commission hereby conditionally approves Coastal Permit No. 124
to allow a fountain that exceeds a maximum height of 42 inches within the
required fifty foot front yard setback area with the condition that the
fountain be reduced in height, and denies Coastal Permit No. 124 for
installation of exterior lighting seaward of the Building Setback Line on
property located within Coastal Subregion No. 3 at 6470 Seacove Drive.
PASSED, APPROVED, and ADOPTED this 13th day of December 1994.
Gilbert Alberio
Chairman
I
"Bret Brnar AICP
Direr
or of PlAnning, Building,
and Code Enforcement; and, Secretary
to the Planning Commission
TS#14 RESCP124.PC
P.C. Resolution No. 94-56.
Page 2 of 2