PC RES 1996-013_ � s
P.C. RESOLUTION NO. 96-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 404, THEREBY APPROVING THE
REQUEST TO ALLOW HEDGES TO BE MAINTAINED AT A
HEIGHT OF 9 FEET WITHIN THE FRONT YARD SETBACK
AREA AT 4515 PALOS VERDES DRIVE EAST
WHEREAS, on December 21, 1995, the applicant, Ms Grace Kadoya submitted an
application for Variance No 404, to allow 9 foot high hedges to be maintained within the
20 foot front yard setback area, 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 404 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 May 28, 1996, 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 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 pad on which the
existing residence is situated, is located downslope from the street of access In fact, the
property plunges downward from Palos Verdes Drive East such that there is a 15 foot
difference in elevation from the street to the pad level within approximately 20 feet of
horizontal distance Thus, the existing single story structure is located below the level of
the street.
In that the house, and new second story addition (to be constructed) is located on a
heavily traversed thoroughfare (Palos Verdes Drive East), noise from the street would
naturally permeate towards the structure, especially into the new second story addition
since it would be at essentially the same level as the street.
Section 2: That such a Variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant since without the vegetative screening that
would be provided by the existing hedges, the applicant would have no provisions for
sound attenuation from vehicular traffic along Palos Verdes Drive East. Additionally, if the
hedges were required to be cut down to a height of 42 inches, the issue of infringement
upon the applicant's privacy would arise
As it exists, the home is not even visible from the street in its current configuration With
the addition of the second story, the windows of that level would be at street level If the
hedges are lowered to 42 inches, pedestrian as well as vehicular traffic would be able to
peer into these windows The preservation of the applicant's privacy would be
accomplished by the granting of this Variance request.
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 the proposed hedges would not impair any views from adjacent
properties, nor would it adversely effect the visual relationship with other adjacent
properties In fact, if the Variance request is granted, it would be consistent with several
other similar applications of vegetative screening along this segment of Palos Verdes
Drive East.
Section 4: That the granting of such a Variance will not necessarily be contrary to
the policies and objectives of the General Plan since the General Plan encourages
development within the City that maintains and enhances the visual qualities of existing
neighborhoods without creating adverse impacts to the surrounding area. The proposed
project would not necessarily be contrary to this objective
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 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, and all other records of the proceedings, the Planning
Commission hereby grants Variance No 404, thereby approving the 9 foot high hedges
within the front yard setback area at 4516 Palos Verdes Drive East, subject to the
conditions contained in Exhibit "A", 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 96-13
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Section 6: 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 approves Variance No. 404, thereby allowing the 9 foot high hedges
within the required twenty foot front yard setback area at 4516 Palos Verdes Drive East,
subject to the conditions contained in Exhibit"A", attached hereto and made a part hereof,
which are necessary to preserve the public health, safety, and general welfare in the area.
PASSED, APPROVED, AND ADOPTED this 28th day of May 1996, by the following vote:
AYES: Commissioners Alberio, Cartwright, Franklin, Ng, Whiteneck, and Chairman
Clark
NOES:
ABSTENTIONS: Vice Chair Vannorsdall
Lawrence E. Clark,
Chairman
Carolynn P ru,
Director of Planning, Building, and Code
Enforcement; and, Secretary to the Planning
Commission
P.C. Resolution No. 96- 13
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EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 404
(4516 Palos Verdes Drive East)
1) The hedges within the front yard setback area of the lot shall be maintained
at a height of 9 feet.
2) All conditions from Height Variation No 801 shall remain in effect and must
be adhered to
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P C Resolution No 96-13
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