PC RES 1995-025P.C. RESOLUTION NO. 95-25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 396, THEREBY APPROVING THE
REQUESTED 10 FOOT HIGH WROUGHT -IRON FENCING
FOR THE "DO -IT -CENTER" AT THE REAR OF THE
TERRACES SHOPPING CENTER AT 28901 S. WESTERN
AVENUE
WHEREAS, on June 5, 1995, Mr Richard Atto, representing the Terraces Partners, L P ,
submitted an application for Variance No 396, a request to allow 10 foot high wrought -iron fencing
at the rear of the "Do -It -Center" at the Terraces Shopping Center, 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), Staff found no evidence that
Variance No 396 would have a significant effect on the environment Accordingly, the proposed
project has been found to be categorically exempt (Class I), and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on June 27, 1995,
at which time all interested parties were given an opportunity to be heard and present evidence
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Section 1. That there are 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 in that, the subject commercial development
was constructed with three distinct levels due to the properties sloping topography As mentioned
previously, access to the site is provided primarily along Western Avenue, with one additional access
point along Caddington Drive. The driveway leading to the center on Caddington Drive is located
such that patrons enter at the upper -most level, adjacent to the proposed location of the subject
"Garden Center" Therefore, even though the proposed enclosed area is located at the rear of the
center's upper -most level, it would be highly visible from the driveway off of Caddington Drive As
a result, the high exposure of the various products (gardening equipment, plants, etc ) would create
a security problem for the new tenant This being the case, a fence of sufficient height to secure the
area and its products is necessary. It is Staffs opinion that the additional public access into the
center along Caddington Drive qualifies as an exceptional condition that does not exist on other
similarly zoned properties since public access into such centers is usually provided from the major
street of access which generally parallels the centers' storefronts
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Section 2: That such a Variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant since, the property right in question is the applicant's ability
to ensure the safety of the tenant's merchandise The applicant is proposing to construct 10 foot high
wrought -iron fencing to ensure that the materials and products that would be stored in the "Garden
Center" are secure. If the applicant installed said fencing such that it complied with the City's 6 foot
height limitation, it is possible that it would not provide adequate security for the facility
Section 3: That the granting of the Variance will not be materially detrimental to the public
welfare or injurious to property and improvements in the area in which the property is located, since
there is a significant difference in elevation from the area in question at the shopping center when
compared to the residential neighborhood west of the site The 10 foot high wrought -iron fence will
not impair the view from, or result in any visual impacts to the surrounding area
Section 4: That the granting of such a Variance will not be contrary to the policies and
objectives of the General Plan since the current land use designation for the subject property in both
the City's General Plan Map and zoning map is Commercial The construction of the subject fence
will not alter the use of the site as a commercial center. Therefore, the project will be consistent with
the General Plan
Section 5: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094 6 of the California Code of Civil
Procedure.
Section b: For the foregoing reasons and based on the information and findings included in
the Staff Report, Minutes, and all other records of the proceedings, the Planning Commission hereby
grants Variance No 396, thereby approving the 10 foot high wrought -iron fence for the "Do -It -
Center's" "Garden Center", subject to the conditions attached hereto and made a part hereof, which
are necessary to preserve the public health, safety, and general welfare in the area
P.C. Resolution No, 95-25
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PASSED, APPROVED, AND ADOPTED this 27th day of June 1995, by the following vote -
AYES Commissioners Alberio, Ferraro, Wang -3, Whiteneck, Vice -Chair Hayes,
Chairman Mowlds
NOES NONE
ABSTENTIONS. NONE
ABSENT: Commissioner Vannorsd
Bret B erns d, AIC
Directd'r of Manning, 7uilding, and
Code Enforcement, and, Secretary to
the Planning Commission
P.C. Resolution No 952 5
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EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR VARIANCE NO 396
The "Do -It -Center" at the Terraces
(28901 South Western Avenue/Suite 327)
1) The maximum height of the wrought -iron fencing shall not exceed 10 feet as
measured from existing, adjacent grade
2) The fence shall be constructed in substantial conformance to the approved set of
plans stamped as received on June 7, 1995
3) In the event that a Planning requirement and Building and Safety requirement are in
conflict with one another, the stricter standard shall apply
4) The construction site shall be kept free of all loose materials resembling trash and
debris in excess of that material used for immediate construction purposes. Such
excess material may include, but is not limited to the accumulation of debris,
garbage, lumber, scrap metal, concrete, asphalt, piles of earth, salvage materials,
abandoned or discarded furniture, appliances or other household fixtures
5) No grading has been approved with this Permit
dsk13/var396re
P.C. Resolution No 95-25
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