PC RES 1997-050P.C. RESOLUTION NO. 97-50
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 427, THEREBY ALLOWING THE
CONSTRUCTION OF A 9'/. -FOOT -TALL SOUTH ENTRY
GATE AND PILASTERS, A 10% -FOOT -TALL NORTH
ENTRY GATE AND PILASTERS, AND A 9 -FOOT -TALL
FOUNTAIN IN THE SIDE- AND REAR -YARD SETBACK
AREAS OF LOT 26 OF TRACT NO. 40640, LOCATED
EASTERLY OF 3300 PALOS VERDES DRIVE WEST
WHEREAS, on July 16, 1997, the applicants, James LaBarba and the Lunada
Pointe Homeowners' Association, submitted an application for Variance No. 427 to allow
entry gates and a fountain which exceed the 6 -foot height limit for these types of structures
to be constructed on a common area open space lot adjacent to 3300 Palos Verdes Drive
West, 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 427 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 September 23, 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 the common area lot
for the Lunada Pointe community appears to be and functions as the front yard of 3300
Palos Verdes Drive West, and the separation of the front -yard area of the house into two
legal lots creates a "double" setback requirement for the proposed structures which
restricts their height more than might otherwise occur elsewhere on the City.
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 placement of large
entry gates and fountains in front of a residence is common in low-density, custom -lot
single-family neighborhoods in the City; the size of the proposed gates and fountain are
in scale with the house which they will serve, and the "double" setback condition described
above penalizes the subject property and deprives the property owner of a right possessed
by other property owners elsewhere in the City
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 all the structures are significantly beyond the minimum 20 -foot front -yard setback
requirement and have little potential to impair views from public rights-of-way or private
property in the immediate vicinity because they vary in height from only four feet (4'0")
above to seven feet (7'0") below the curbline of Palos Verdes Drive West.
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
the proposed structures are consistent with the primary use of the adjacent property as a
single-family residence, in compliance with the Residential, <1 DU/acre land use
designation of the General Plan, and the height and setback of the structures create no
adverse impacts upon views from Palos Verdes Drive West or surrounding residences, in
conformance with both Housing Policy No 13 of the General Plan and Policy No 8 for
Subregion 1 of the Coastal Specific Plan.
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 September 23,
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 427,
thereby allowing the construction of a 9% -foot -tall south entry gate and pilasters, a 10'/ -
foot -tall north entry gate and pilasters, and a 9 -foot -tall fountain in the side- and rear -yard
setback areas of Lot 26 of Tract No 40640, located easterly of 3300 Palos Verdes Drive
West, 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 97-50
Page 2 of 5
PASSED, APPROVED, AND ADOPTED this 23rd day of September 1997, by the following
vote:
AYES. Chairman Vannorsdal I ,
Commissioners Alberio,
NOES. Commissioner Ng
ABSTENTIONS. None
ABSENT. None
Carolynn Pe&, AICP
Director of Planning, Building and
Code Enforcement, and, Secretary
to the Planning Commission
Vice Chairman Whiteneck,
Cartwright, Clark and Slayden
Donald E. Vannorsdall
Chairman
P.C. Resolution No 97-5o
Page 3 of 5
0
EXHIBIT'A'
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 427
(Tract No. 40640, Lot 26)
A. General Conditions:
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%4 -foot -tall south entry gate and pilasters, a 10'/2 -
foot -tall north entry gate and pilasters, and a 9 -foot -tall fountain (after -the -
fact) in the side- and rear -yard setback areas of Lot 26 of Tract No 40640,
located easterly of 3300 Palos Verdes Drive West. The maximum elevation
of the top of the south gate shall be 257 3' above mean sea level, the
maximum elevation of the top of the north gate shall be 269.8' above mean
sea level, and the maximum elevation of the top of the fountain shall be
262 0' above mean sea level The outer edge of the fountain basin shall be
at least three feet (3'0") from the rear property line of Lot 26 Any change
shall require approval of a revision to Variance No 427 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 -1 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 gates and pilasters have not been established (i e , building permits
obtained) within one hundred eighty (180) days of the effective date of this
Resolution, or if construction has not been completed within one hundred
eighty (180) days 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 Commission Otherwise,
a variance revision must be approved prior to further development
P C Resolution No 97-50
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B.
•
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 August 19, 1997, labelled "Driveway Gates, New Residence for Mr &
Mrs. James LaBarba" and prepared by Edward Carson Beall, AIA and
Associates and dated July 7, 1997
Prior to Building Permit final:
8) The applicant shall provide certification that the heights of the gates and
fountain match the approved elevations listed below:
South entry gate
North entry gate -
Fountain
257 3' above MSL
269 8' above MSL
262 0' above MSL
M tUSERS1KITF\WPWiN60\PROJECTSIVAR427\VAR427 RES
P.C. Resolution No 97-50
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