PC RES 1997-0320
P.C. RESOLUTION NO. 97-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 423, THEREBY ALLOWING A 9 -FOOT -
TALL COMBINED RETAINING WALL AND SAFETY
RAILING TO ENCROACH TEN FEET (10'0") INTO THE
REQUIRED, 20 -FOOT FRONT -YARD SETBACK AREA OF
AN EXISTING SINGLE-FAMILY RESIDENCE, LOCATED AT
6922 BROOKFORD DRIVE
WHEREAS, on March 25, 1997, the applicant, Arturo Zaldivar, submitted an
application for Variance No 423 to allow a retaining wall and safety railing in excess of
forty-two inches (42") in combined height to encroach into the front -yard setback area of
his single-family residence on Brookford Drive; 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 65962.5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Variance No 423 would have a significant effect
on the environment and, therefore, the proposed project has been found to be
categorically exempt (Class 3, Section 15303(e)), and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on June 24, 1997, 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: 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 because there is an existing
legal, nonconforming direct -access garage which encroaches nine feet three inches (9'3")
into the required, 20 -foot front -yard setback area and "establishes" the presence of the
primary structure at a distance of ten feet nine inches (10'9") from the sidewalk
Section 2: Such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant, which right is possessed by other property
owners under like conditions in the same zoning district because the impetus for the
applicant's request is the creation of a larger, more useable side -yard area; and the ability
to have access to and reasonable use of one's yard areas is a property right which is
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widely enjoyed on other RS -4 zoned property throughout the City, but the existing slope
in the front -yard setback area restricts access to the side -yard area.
Section 3: The granting of a variance will not be materially detrimental to the public
welfare or injurious to property or improvements in the area in which the property is located
because the increased height of the retaining wall will be largely screened from view from
the street by the existing garage, that portion of the wall which is exposed to view from the
street will be stepped to comply with the 42 -inch height limit, additional landscaping will
be required to screen the wall; and the use of chain-link fencing will not be permitted in the
front -yard setback area
Section 4: The granting of such a variance will not be contrary to the objectives
of the General Plan or the policies and requirements of the Coastal Specific Plan because,
as conditioned, it is consistent with General Plan policies to "[require] suitable and
adequate landscaping, open space and other design amenities to meet community
standards for environmental quality" for single-family residences and to
"[encourage], improvement of all existing residential neighborhoods so as to maintain
optimum local standards of housing quality and design", is consistent with the Residential
24 DU/acre land use designation, and the site is not located within the Coastal Specific
Plan area
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 80 070(A) 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 June
24, 1997, the date of the Planning Commission's final action
Section 6: 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 423,
subject to concurrent approval of Grading Permit No. 1914, thereby allowing a 9 -foot -tall
combined retaining wall and safety railing to encroach ten feet (10'0") into the required,
20 -foot front -yard setback area of an existing single-family residence, located at 6922
Brookford Drive, subject to the conditions contained in Exhibit 'A', attached hereto and
made a part hereof, which are necessary to protect the public health, safety and welfare
in the area.
P C. Resolution No 97-32
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;IFT-Wailn-M, in, Iin-' �1 iii�p pill 11
11
UT.*VF4 79 1 - NO 1-1 1 i I III I
AYES Commissioners Cartwright, Clark, Ng, and Vice Chairman Whiteneck
NOES
ABSTENTIONS -
ABSENT: Commissioners Alberio and Slayden, and Chairman Vannorsdall
Carolynn Pell u
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
WUj&2
enald E. , Vannorsdall
Chairman
P.C. Resolution No. 97- 32
Page 3 of 5
C,
J
EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 423
(6922 Brookford Drive)
A. General Conditions:
0
1) Within thirty (30) days following adoption of this Resolution, the applicant
and the property owner shall submit to the City a statement, in writing, that
they have read, understand, and agree to all conditions of approval
contained in this Resolution Failure to provide said written statement shall
render this approval null and void
2) This approval is to allow a 9 -foot -tall combined retaining wall and safety
railing to encroach ten feet (10'0") into the required, 20 -foot front -yard
setback area of an existing single-family residence at 6922 Brookford Drive
The maximum combined height of that portion of the retaining wall and
safety railing which is less than ten feet (10'0") from the front property lane
shall be stepped down to forty-two inches (42") The portion of the safety rail
located in the front -yard setback area and the side -yard access gates shall
be constructed of wrought iron or some other aesthetically -pleasing material,
as approved by the Director of Planning, Building and Code Enforcement
Any change shall require approval of a revision to Variance No 423 by the
Planning Commission and shall require a new and separate environmental
review
3) All project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the
RS -4 district development standards of the City's Municipal Code.
4) Failure to comply with and adhere to all of these conditions of approval may
be cause to revoke the approval of the project by the Planning Commission
after conducting a public hearing on the matter.
5) If the addition has not been established (i e, building permits obtained)
within two (2) years of the effective date of this Resolution, or if construction
has not been completed within two (2) years of the issuance of building
permits, approval of project shall expire and be of no further effect unless,
prior to expiration, a written request for extension is filed with the Department
of Planning, Building and Code Enforcement and approved by the Planning
P C Resolution No 97-32
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Commission Otherwise, a new variance must be approved prior to further
development
6) In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the
stricter standard shall apply
7) Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans submitted to the City
on March 25, 1997
8) Notwithstanding the plans submitted to the City on March 25, 1997, that
portion of the safety railing which is located within the 20 foot front -yard
setback area may not be constructed of chain-link fabric, but shall be
constructed of wrought iron or other similar, more aesthetically -pleasing
material. Said material shall be subject to the review and approval of the
Director of Planning, Building and Code Enforcement prior to construction
of the wall
9) The applicant shall provide certification that the height of the retaining wall
in the front -yard setback area is in compliance with the approval described
in Condition No 2 above.
10) Shrubs shall be planted in front of the portion of the retaining wall in the
front -yard setback area for visual screening. The shrubs shall be planted as
close as possible to the wall without interfering with the wall's footings The
number and type of shrubs shall be reviewed by the Director of Planning,
Building and Code Enforcement.
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P C Resolution No 97-32
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EXHIBIT'S'
CONDITIONS OF APPROVAL
FOR GRADING PERMIT NO. 1914
(6922 Brookford Drive)
1) A total of sixty-nine cubic yards (69 yd 3) of grading (cut) is allowed under this
permit. The maximum depth of cut shall be six feet (60") No fill is permitted.
2) The retaining wall shall not exceed an individual height of six feet (60") and a
combined height (with the safety railing) of nine feet (9'0"), pursuant to Variance
No 423 and Minor Exception Permit No. 511
3) No new slopes exceeding fifty percent (50%) may be created.
4) The hours of grading and construction shall be limited to 7.00 AM to 7 00 PM,
Monday through Saturday No grading or construction shall be permitted on
Sundays or on legal holidays.
5) All grading activity, including compaction, shall be conducted in accordance with
the applicable requirements established by the City of Rancho Palos Verdes
Building and Safety Division
6) In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
7) 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 not be limited to the accumulation of debris,
garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials,
abandoned or discarded furniture, appliance or other household fixtures.
8) Notwithstanding the plans submitted to the City on October 11, 1996, and March
25, 1997
a) Any addition(s) to the existing residence and/or creation of a paved, off-
street parking area in the easterly side -yard are not included as part of this
permit, and require separate site plan review by the Director of Planning,
Building and Code Enforcement. Vehicles shall not be parked or stored in
the easterly side -yard unless upon a lawfully -installed paved surface
pursuant to Rancho Palos Verdes Municipal Code Section 8 24 060(A)(6)
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b) The relative positions of the 10 -foot -wide vehicle gate and the 5 -foot -wide
pedestrian gate shall be reversed (i e , the vehicle gate placed next to the
garage) so that, in the event additional paving in the front -yard setback area
is later needed to provide vehicular access to the side -yard area, the amount
and width of said additional paving may be minimized.
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