PC RES 1996-020P.C. RESOLUTION NO. 96-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 411, THEREBY APPROVING THE
REQUEST TO CONSTRUCT 10 FOOT HIGH WROUGHT -
IRON FENCING AROUND THE EXPANSION OF THE
EXISTING "GARDEN CENTER" AT 28901 S. WESTERN
AVENUE
WHEREAS, on May 30, 1996, the applicant, the California "Do -It -Center" ("Do- It -
Center") submitted an application for Variance No. 411, a request to construct 10 foot high
wrought -iron fencing around the 2,700 square foot expansion of the existing "Garden
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 411 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 July 23, 1996 and August 13, 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 subject commercial
development was constructed with three distinct levels due to the site's sloping
topography Access to the site is provided primarily along Western Avenue, with one
additional access point along Caddington Drive. The driveway leading to the center along
Caddington Drive is located such that patrons enter at the upper -most level (of the center),
adjacent to the proposed expansion of the "Garden Center" Therefore, even though the
proposed additionally enclosed area is located at the rear of the center's third level, it
would be highly visible from the driveway off of Caddington Drive As a result, and for the
same reasons that the existing area was fenced off, the high exposure of the various
products (gardening equipment, plants, etc) would create a security problem for the "Do-
lt -Center" This being the case, a fence of sufficient height to secure the area and its
products is necessary, as well as the fact that the "Do -It -Center's" "Garden Center" has
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been very successful. The additional public access along Caddington Drive therefore,
qualifies as an exceptional condition that does not exist on other similarly zoned properties
since public access into such commercial centers is usually provided from the mayor street
of access which generally parallels the center's storefronts.
Section 2: That such a Variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant since without the proposed 10 foot wrought -
iron fencing, it is possible that adequate security for the facility would not be possible
Thus, the granting of the Variance is necessary for the preservation of the tenant's ability
to provide adequate security for the establishment's products. 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 expanded area of the "Garden Center' are secure and not
generally visible from the public right-of-way.
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 expansion of the "Garden Center" with 10 foot high
wrought -iron fencing would not block any views from, or have any adverse visual impacts
to the surrounding residential area given the difference in elevation between the shopping
center's upper -most level and the residences along Gunter Road This would be
consistent with one of the Planning Commission's previous findings in its adoption of P C
Resolution No 95-25. Again, the applicant's selection of the more aesthetically pleasing
wrought -iron fencing is directly a result of attempting to be sensitive to the nearby
residential neighbors
Furthermore, the proposed project would not have any adverse affect on the other tenants
(i a uses) of either the third level or the other levels within the center Due to the "Garden
Center's" isolated area at the rear of and on the upper level of the center, the expansion
of this area would not create any parking lot or traffic related circulation impacts
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 construction of the proposed 10
foot fencing around the "Do -It -Center's" proposed expansion of the existing "Garden
Center" would not conflict with the continued use of the site as a commercial shopping
center, a use that is consistent with the General Plan's land use designation for the site
Section 5: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17 60 060 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and
with the appropriate appeal fee, no later than fifteen (15) days following August 13, 1996,
the date of the Planning Commission's final action
P C Resolution No. 96-20
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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 411, thereby approving the 10 foot high wrought -
iron fencing around the 2,700 expansion of the "Garden Center' at 28901 S Western
Avenue, 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 13th day of August 1996, by the following
vote
AYES Commissioners Alberio, Cartwright, Whiteneck, and Vice Chair Vannorsdall
NOES
ABSTENTIONS Commissioner Ng and Chair Clark
ABSENT. Commissioner Franklin
Carolynn Pe u,
Director of Planning, Building, and Code
Enforcement; and, Secretary to the Planning
Commission
Lawrence E Clark,
Chairman
P C Resolution No 96-20
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EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 404
(4516 Palos Verdes Drive East)
1) All conditions of approval for Conditional Use Permit No 101 -Revision "I"
shall be adhered to in conjunction with this approval
2) The maximum height of the wrought -iron fencing shall not exceed 10 feet
as measured from existing, adjacent grade
3) The fence shall be constructed in substantial conformance to the approved
set of plans date stamped as received on May 30, 1996
4) In the event that a Planning requirement and a Building requirement are in
conflict with one another, the stricter standard shall apply
5) 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
6) No grading has been approved with this Permit.
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P C Resolution No 96-20
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