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PC RES 1996-035P.C. RESOLUTION NO. 96 -35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 413 FOR A V-11" MAXIMUM HEIGHT BLOCK WALL WITHIN THE STREET SIDE SETBACK AREA AND WITHIN THE INTERSECTION VISIBILITY TRIANGLE AT 27503 LITTLEWOOD DRIVE. WHEREAS, on August 20, 1996, the applicant, Mr Tuchscher, submitted Variance No. 413 to the Department of Planning, Building, and Code Enforcement to allow construction of a 5'- 11" high block wall to be located within the street -side setback area and the intersection visibility triangle at the property located at 27503 Littlewood Drive; 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 evidence that Variance No 413 would have a significant effect on the environment. Accordingly, the proposed project has been found to be categorically exempt (Class III); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, a public hearing was held on October 8, 1996, before the Planning Commission of the City of Rancho Palos Verdes, 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 which apply to this property which do not apply generally to other property in the same zoning district since the lot is of a substandard size (8,690 square feet in a minimum 10,000 square foot lot district) and approximately half of the lot area is part of a steep slope that ascends up to the south side and rear property lines. The small size of the lot, in combination with the limited level yard area, restricts the landowner's ability to adequately fence the property and preserve the maximum amount of useable yard area, while also complying with the Code's minimum setback requirement (10'-0" on a street side) Section 2 That the variance is necessary for the preservation and enjoyment of the substantial property right of the applicant, and that this right is possessed by other property owners under like conditions in the same zoning district, since, there are similar fences and walls on corner lots in the neighborhood which exceed the Code's height limit. In addition, the Variance is necessary in order for the landowner to preserve privacy in the back yard, which is currently a right possessed by property owners in the same zoning district and in the surrounding neighborhood Section 3, That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property and improvements in the area in which the property is located since the height and placement of the wall would not interfere with pedestrian traffic, impact the views of adjacent property owners nor, as conditioned in Exhibit "A", appear visually obtrusive from surrounding properties and the public right-of- way Section 4. That the granting of the variance will not be contrary to the objectives of the General Plan since the proposed project, as conditioned, would constitute an improvement to the existing neighborhood, would not result in any impacts to surrounding properties and the primary use of the property will remain single family residential. The project is not subject to the requirements of the Coastal Specific Plan since the property is not located within the coastal zone Section 5• For the foregoing reasons and based on the information and findings included in the Staff Report, minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby Approves Variance No. 413 for a 5"-11" block wall within the street -side setback area and within the intersection visibility triangle and front yard setback for the property located at 27503 Littlewood Drive subject to the Conditions of Approval contained in the attached Exhibit "A", which are necessary to protect and preserve the public health safety and welfare P.C. Resolution No. 96 -35 Page 2 of 4 PASSED, APPROVED, and ADOPTED this 8th day of October 1996, by the following vote: AYES Commissioner Alberio, Cartwright, Franklin, Ng, Vice Chairman Vannor§dall and Chairman Clark NOES Commissioner Whiteneck ABSTENTIONS: None Carolynn P9tru, Director of Planning, Building,and Code Enforcement, and, Secretary to the Planning Commission L. Q Lawrence E Clark Chairman P.C. Resolution No. 96 - 35 Page 3 of 4 Exhibit "A" Conditions of Approval Variance No. 413 27503 Littlewood Drive 1. The wall shall not exceed a maximum 5'-11" in height of as measured from the grade adjacent to the wall to the top of the wall (including the brick trim cap). 2. The block wall shall be either constructed of split face block or slump stone, or shall be substantially screened with a creeping vine or other type of appropriate landscaping The landscaping material shall be approved by the Director of Planning, Building, and Code Enforcement and shall be installed no later than 30 days after completion of the wall. 3 The completed walls shall substantially conform to plans submitted the Planning, Building, and Code Enforcement Department on August 20, 1996. 4. In the event that a Planning Division requirement and a Building and Safety requirement are in conflict with one another the stricter standard shall apply 5. A grading application shall be filed for any grading in excess of 20 cubic yards and/or 3' of cut or fill 6 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, salvaged materials, abandoned or discarded furniture, appliances or other household fixtures (N grouptplannmgtstaf reptslpetvar413 res) P.C. Resolution No. 96 -35 Page 4of4