PC RES 1994-057P.C. RESOLUTION NO. 94-57
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 378 FOR AFTER -THE -FACT CONSTRUCTION OF A
FOUNTAIN LOCATED IN THE REQUIRED 50 FOOT FRONT
YARD SETBACK AREA IN EXCESS OF 42 INCHES IN
HEIGHT; TABLING VARIANCE NO. 378 FOR REVIEW OF
AN AFTER -THE -FACT BAR AND BARBECUE AREA
LOCATED IN THE REQUIRED SIDEYARD SETBACK AREA;
AND DENYING VARIANCE NO. 378 FOR AN EXTERIOR
LIGHTING POLE STANDARD LOCATED SEAWARD OF THE
BUILDING SETBACK LINE ON PROPERTY LOCATED AT
6470 SEACOVE DRIVE, IN COASTAL SUBREGION NO. 3
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
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 by Staff 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 revisions to the Development Code
are adopted by the City Council. Pursuant to the Conditions of
Approval contained in the attached Exhibit "A", 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: That in conditionally approving the Variance
for construction of the fountain, there are exceptional or
extraordinary circumstances and conditions applicable to the
property which do not apply generally to other properties in the
same zoning district since the subject property has a minimum front
setback requirement of fifty (50) feet, whereas in most other
zoning districts, the minimum front setback requirement is twenty
(20) feet, and the portions of the fountain in excess of 42 inches
in height are located a minimum of twenty feet from the front
property line.
However, in denying the Variance for installation of the exterior
lighting, the Planning Commission finds there are no exceptional or
extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property, which do
not apply generally to other property in the same zoning district
since the existing improvements on the property have resulted in
"self-imposed" hardships which limit the amount of remaining
developable area in the rear yard, and are do not result due to
limitations or unusual conditions of the property itself.
Section 3: That, as conditioned, such a Variance for the
fountain is necessary for the preservation and enjoyment of a
substantial property right, which right is possessed by other
property owners under like conditions in the same zoning district,
since other properties in the tract have installed fences, walls,
and pilasters in excess of 42 inches in height within the required
fifty (50) front yard setback area.
However, since this is the only property in the tract that has been
granted permission to install permanent features seaward of the
Building Setback Line, approval of the subject applications for
installation of the exterior lighting seaward of the Building
Setback Line would afford the property owner with even greater
advantages over other property owners under like conditions.
Additionally, no other property owners have installed exterior
lighting seaward of the Building Setback Line, and the granting of
the Variance for the exterior lighting is not necessary for the
preservation of a substantial property right, which right is
possessed by other property owners under like conditions in the
same zoning district.
Section 4: That, as conditioned, the granting of the
Variance for the will not be materially detrimental to the public
welfare or injurious to property and improvements in the area,
since the structure does not impair views from surrounding
properties.
P.C. Resolution No. 94-57 .
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However, since the Building Setback Line was established to protect
views of the ocean and the open, rural character of the coastline,
the granting of the Variance for the exterior lighting seaward of
the Building Setback Line could adversely impact nighttime
enjoyment of the coastline from several properties located along
Seacove Drive.
Section 5: Since the property will continue to be used for
single family residential purposes, the project is consistent with
the objectives of the General Plan. Additionally, since the
existing public trail easement located at the rear of the property
will remain accessible to the public from designated areas; and,
since, as conditioned, the project will not result in any adverse
impacts to the bluff, coastline, or open space areas, the project
is in conformance with the policies and requirements of the Coastal
Specific Plan.
Section 6: 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 7: 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
Coastal Permit No. 124, the Planning Commission hereby 1) Approves
Variance No. 378 for after -the -fact construction of a fountain that
exceeds a maximum height of 42 inches within the required fifty
foot front yard setback area, subject to the conditions of approval
contained in the attached Exhibit "A" to reduce the height of the
fountain, which are necessary to protect the public health, safety,
and welfare; 2) Tables Variance No. 378 regarding an outdoor bar
and barbecue area which is located within the required sideyard
setback area; and 3) Denies Variance No. 378 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.
1�
Gilbert Alberio
Chairman
Bret. Tard,/ AICP
Direc orPla ning, Building,
and ode Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 94-57.
Page 3 of 4
EXHIBIT "All
CONDITIONS OF APPROVAL
VARIANCE NO. 378
6470 SEACOVE DRIVE
1. Within fifteen (15) days following adoption of this
resolution, the landowner shall submit to the City, in
writing, a statement that he has read, understands, and agrees
to all conditions of approval contained in this Exhibit.
Failure to submit said statement shall render this approval
null and void.
2. Within sixty (60) days following adoption of this resolution,
the landowner shall reduce the height of the fountain located
within the required fifty foot front yard setback area to a
maximum of six (6) feet. Height shall be measured from the
lowest grade adjacent to the fountain structure, including but
not limited to the surrounding planter walls, pursuant to the
provisions of the Development Code.
3. The depth of the fountain shall not exceed a maximum of twenty
four (24) inches.
4. Within sixty (60) days following the adoption of this
resolution, the landowner shall remove the exterior lighting
pole standard from the area seaward of the Building Setback
Line, and relocate it to an alternative location on the
property which respects all required setback areas, subject to
the review and approval by the Director of Planning, Building,
and Code Enforcement.
5. If the revisions necessary to allow review and approval of the
outdoor bar and barbecue area within the sideyard setback area
by Staff through the Site Plan Review procedures are not
adopted by the City Council, 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 Variance No. 378 and Coastal Permit No. 124, in
writing, within sixty (60) days of the adoption of the final
Development Code revisions.
6. If the revisions necessary to allow review and approval of the
outdoor bar and barbecue within the sideyard setback area by
Staff through the Site Plan Review procedures are adopted by
the City Council, the landowner shall submit to the City the
appropriate application to allow review and approval of the
structure by Staff within sixty (60) days following the
adoption of the final Development Code revisions.
TS#14 REVAR378 PC
P.C. Resolution No. 94-57.
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