PC RES 1995-046P.C. RESOLUTION NO. 95- 46
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 390 TO ALLOW AFTER -THE -FACT
CONSTRUCTION OF FENCING IN EXCESS OF 6 FEET IN
HEIGHT ALONG THE SIDE YARD PROPERTY LINE;
AFTER -THE -FACT INSTALLATION OF POOL
EQUIPMENT, TRELLISES, AND PLAY EQUIPMENT
WITHIN THE EXTREME SLOPE AREA OF THE REAR
YARD; AND, AFTER -THE -FACT APPROVAL OF A KOI
POND LOCATED WITHIN THE REQUIRED MINIMUM
FRONT YARD SETBACK AREA ON PROPERTY
LOCATED AT 5832 SCOTWOOD DRIVE
WHEREAS, in response to Code Enforcement activity regarding unpermitted
construction activity on the subject property, Mr Tom Villardi submitted an application
for Variance No 390 to the City of Rancho Palos Verdes on March 8, 1995, and the
application was deemed complete on August 20, 1995, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Section 2100 et. seq. (CEQA), the State CEQA
Guidelines, California Code Regulation, Title 14, Sections 15000 et. seq., the City's
Local CEQA Guidelines, and Government Code Sections 65952.2(e) (Hazardous
Waste and Substances Statement), the City of Rancho Palos Verdes reviewed the
request and determined that the proposed request would not have a significant effect
on the environment and has, therefore, been determined to be categorically exempt
(Class 1), and,
WHEREAS, pursuant to the provisions of the Rancho Palos Verdes
Development Code, the Planning Commission of the City of Rancho Palos Verdes held
on public hearing on November 14, 1995, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS
Section 1. Due to the limited usable yard area in the rear of the property
caused by the extreme slopes, as well as restrictions in the front yard caused by the
existing reduced setbacks and configuration of the residence, that exceptional or
unusual circumstances applicable to the property warrant the granting of the Variance
for the pool equipment, trellises, and play equipment in the rear yard, and for the koi
pond in the front yard setback area In addition, due to the change in topography
created by the retaining walls, the side yard fencing in excess of 6 feet in height is
necessary to properly secure the property.
Section 2 As a result of the unusual conditions created by the extreme slopes
and reduced setbacks on the property, denial of the Variance with respect to the pool
equipment, trellises, and play equipment in the rear yard and the koi pond in the front
yard would deny the property owner the right of a substantial property right, which right
is enjoyed by other property owners in the same zoning district In addition, side yard
fencing to secure the property is a right generally possessed by property owners under
like conditions. Therefore, although the fencing, as constructed, exceeds Development
Code standards, denial of the Variance for the side yard fencing would deny the
property owner the right to secure the property.
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 as constructed, the 12 foot high fencing on the eastern side
property line provides increased security for leaving the property. Relocation of the
pool equipment to level areas of the property would result in adverse noise impacts to
adjacent properties. Finally, neither the trellises and play equipment in the rear yard,
nor the koi pond in the front yard are materially detrimental to the public welfare, and
therefore the Planning Commission hereby grants the Variance for these
improvements, provided the owner obtains Building Permits for their construction
Section 4 That the subject property will continue to be used for single family
residential purposes, and is therefore consistent with the goals and policies of the
General Plan. The subject property is not located within the Coastal Zone.
Section 5 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 and records of the proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Variance No. 390 to
allow after -the -fact construction of fencing in excess of 6 feet in height along the side
yard property line, after -the -fact installation of pool equipment, trellises, and play
equipment within the extreme slope area of the rear yard; and, after -the -fact approval
of a koi pond located within the minimum front yard setback area on property located at
5832 Scotwood Drive, subject to the Conditions of Approval contained in the attached
Exhibit "A", which are necessary to protect the public health, safety, and welfare
P.C. Resolution No 95-46
Page 2 of 4
PASSED, APPROVED, and ADOPTED, this 12th day of December 1995 by the
following vote:
AYES. Commissioners Alberio, Vannorsdall, Wang, Whiteneck and Acting
Chair Hayes
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
W1 I I
•I J"Air$
Bret B /Bern td, AICIP
Direct6r of P annind, Building and
Code Enforcement, and Secretary to
the Planning Commission
Yejersbn Hayes
)'Chairperson
P.C. Resolution No 95-46
Page 3 of 4
0,
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 390
5382 SCOTWOOD DRIVE
Within thirty (30) days of this decision, the landowner shall provide a statement,
in writing, that he has read, understands, and agrees to all Conditions of
Approval contained in this document Failure to provide said statement shall
render this approval null and void
2 Within sixty (60) days of this decision, the landowner shall complete the
following actions
a Obtain after -the -fact Building Permits for the construction of trellises and
play equipment in the rear yard
b Obtain after -the -fact Building Permits for installation of the pool
equipment in the rear yard
c Obtain after -the -fact Building Permits for construction of side yard fencing
in excess of six feet in height
d Obtain after -the -fact Building Permits for the construction of a koi pond in
the front yard
3. The landowner shall comply with all recommendations and requirements, if any,
of the Division of Building and Safety
4 Prior to issuance of Building Permits, the landowner shall submit to the City a
Covenant to Maintain Property to Protect Views
5. The landowner shall comply with all Conditions of Approval for Grading Permit
No 1802
P C. Resolution No 95-46
Page 4 of 4
EXHIBIT "B"
CONDITIONS OF APPROVAL
GRADING PERMIT NO. 1802
5382 SCOTWOOD DRIVE
Within sixty (60) days of this decision, the landowner shall obtain after -
the -fact Building Permits for construction of the retaining walls in the rear
yard The landowner shall comply with all recommendations and
requirements, if any, of the Division of Building and Safety
2 Prior to issuance of final Building Permits, the landowner shall install
landscaping to screen and buffer views of the retaining walls from
neighboring properties Said landscaping shall be subject to the review
and approval by the Director of Planning, Building and Code
Enforcement
3. The landowner shall comply with all Conditions of Approval of Variance
No 390
NAPLANNINGIREVAR390 PC
P.C. Resolution -No. 95-46