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PC RES 1997-009P.C. RESOLUTION NO. 97- 9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 417 FOR A BLOCK WALL WITH A MAXIMUM HEIGHT OF 6'-8" LOCATED WITHIN THE STREET -SIDE SETBACK AREA, INTERSECTION VISIBILITY TRIANGLE AND FRONT YARD SETBACK AREA, AND A PILASTER HAVING A MAXIMUM HEIGHT OF 5'-11" LOCATED WITHIN THE FRONT YARD SETBACK AREA AT 2844 SAN RAMON DRIVE WHEREAS, on November 26, 1996, the applicant, Mr Antonio Tartaglia, submitted an application for Variance No 417 to the Department of Planning, Building and Code Enforcement for a block wall having a maximum height of 6-8" within the street -side setback area, intersection visibility triangle, and front yard setback area, and a pilaster with a light fixture and a maximum height of 5'-11" located in the front yard setback area; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 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(f) (Hazardous Waste and Substances Statement), there was no evidence that Variance No 417 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 February 11, 1997, 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 subject site is 11,760 square feet in area, which is smaller than the standard RS - 2 zoned lot (minimum lot size in the RS -2 district is 20,000 square feet). The small size of the lot restricts the landowners ability to adequately fence the property and preserve the maximum amount of useable yard area. Additionally, the subject property is situated on a corner lot adjacent to a major arterial roadway (Palos Verdes Drive East) and an institutional/education facility (Marymount College), which constitutes a land use configuration which does not generally apply to other properties in the RS -2 zoning district Further, the subject site is exposed to extraordinary vehicular traffic noise from vehicles accessing both Marymount College and Crest Road via Palos Verdes Drive East. Section 2. That the Variance is necessary for the preservation and enjoyment of a 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, in 1995, the Commission approved a request for a 6'-0' block wall within the street -side setback area and 42" height block wall within the intersection visibility triangle and front yard setback area on the site located directly across the street from the subject property (2845 San Ramon Drive) In addition, there are other examples of single family residences in the RS - 2 zoning district that have similar walls along a street side setback abutting an arterial street. Many of these walls existed prior to the incorporation of the City, when the County Code allowed such walls to be placed within a street side setback area. Therefore, the Planning Commission found that denial of the Variance application would curtail the property owner's use and enjoyment of his existing backyard area and compromise the privacy, security and buffering from Palos Verdes Drive East which is currently provided by the wall, all of which is possessed by other property owners under like conditions in the same zoning district. 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 City's Traffic Consultant found that the height and placement of the block wall along the street -side property line and within the intersection visibility triangle does not interfere with the safe passage of pedestrian or vehicular traffic, nor does it negatively impact views of adjacent property owners Similarly, the pilaster located within the front yard setback area does not interfere with the safe passage of pedestrians or vehicular traffic, nor does it negatively impact views of adjacent property owners Section 4. That the granting of the Variance will not be contrary to the 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. It is Staffs opinion that the existing project will meet this objective The existing block wall constitutes an improvement to the neighborhood and serves in combination with the similar block wall located at 2845 San Ramon Drive, as a unified entrance to the tract. The Planning Commission found that the wall would not constitute a negative visual or safety impact on surrounding properties, and the primary use of the property will remain single family residential in nature 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 417 for an after -the -fact block wall having a maximum height of 6-8" within the street -side setback area, front yard setback area, and intersection visibility triangle, and a pilaster with an incandescent lighting fixture having a maximum overall height of 5'-11" within the front yard setback area for the property located at 2844 San Ramon Drive subject to the conditions P C Resolution No 97-9 Page 2 of 4 of approval contained in the attached Exhibit "A", which are necessary to protect and preserve the public health, safety and welfare PASSED, APPROVED, AND ADOPTED THIS 11th day of February 1997, by the following vote. AYES: Commissioners Alberio, Cartwright, Clark, Ng, Slayden, Vice Chairman Whiteneck, and Chairman Clark NOES - ABSTENTIONS ABSENT: Carolynni'lletru Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission Donald E. Vannorsdall Chairman P.C. Resolution No 97-9 Page 3 of 4 FO-TOZIRIM.11% Conditions of Approval Variance No. 417 2844 San Ramon Drive The landowner shall not increase the height or length of the block wall, or alter the configuration or location of the block wall or pilaster as they existed on the date of adoption of this P C Resolution, without receiving prior approval from the City 2 In the future, should the Homeowner's Association request an identification sign and/or logo for the tract, the landowner shall allow a sign and/or logo to be placed on the wall facing Palos Verdes Drive East, with the appropriate permits from the City, and all expenses shall be paid for by the Homeowners Association N \GROUP\PLANNiNG\RESOMAR417 WPD P C Resolution No 97- 9 Page 4of4