PC RES 1997-051P.C. RESOLUTION NO. 97-51
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
CONDITIONAL USE PERMIT NO. 130 -REVISION 'F',
THEREBY ALLOWING THE MODIFICATION OF THE
PLACEMENT OF REAR YARD FENCING ON LOTS 18, 29
AND 39 OF TRACT NO. 45667 (PENINSULA POINTE) TO
ENCROACH A MAXIMUM OF TWENTY FEET (20'0") INTO
THE 50 -FOOT -WIDE LANDSCAPE EASEMENT AREA; BUT
DENYING THE REQUEST FOR SIMILAR ENCROACHMENT
OF REAR YARD FENCING ON LOTS 30 THROUGH 38,
INCLUSIVE, AND DENYING THE REQUEST FOR A 2 -FOOT
REDUCTION IN THE 20 -FOOT FRONT -YARD SETBACK
REQUIREMENT FOR LOTS 7 AND 8
WHEREAS, on August 4, 1997, the applicant, Vintage Communities, submitted an
application for Conditional Use Permit No 130 -Revision 'F' to allow- 1) the relocation of
the rear -yard fencing for Lots 18 and 29 through 39, inclusive, and 2) a 2 -foot reduction
in the 20 foot front -yard setback requirement for Lots 7 and 8 in Tract No 45667
(Peninsula Pointe) at Palos Verdes Drive South and Tramonto 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 Conditional Use Permit No 130 -Revision 'F'
would have a significant effect on the environment and, therefore, the proposed protect has
been found to be categorically exempt (Class 3, Section 15303), 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: The site is adequate in size and shape to accommodate said use and
for all of the yards, setbacks, walls, fences, landscaping and other featu les required by this
title [Title 17 "Zoning'] or by conditions imposed under this section [Section 17.60 050] to
integrate said use with those on adjacent land and within the neighborhood because the
proposed revision involves a minor encroachment of fencing into the landscape easement
area of only three (3) lots, and has no effect upon the fencing location or landscape
easement areas for the rest of the lots in the tract.
Section 2: The site for the proposed use relates to streets and highways sufficient
to carry the type and quantity of traffic generated by the subject use because the site is
served by Palos Verdes Drive South (a major arterial roadway) and the three (3) public
streets within the tract, and the proposed revision has no effect upon traffic patterns or trip
generation associated with the previously -approved project
Section 3: In approving the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use thereof because the
proposed fencing relocation minimizes encroachment into the landscape easement areas
of Lots 18, 29 and 39 and provides improved access between the rear- and side -yard
areas of the lots, and the Los Angeles County Fire Department and United States Fish and
Wildlife Service have determined that the encroachment of the fencing will not adversely
affect the fuel modification and habitat buffer functions of the landscape easement areas
Section 4: The proposed use is not contrary to the General Plan because the
proposed revision is consistent with the land use, density and environmental impacts of
the previously -approved project.
Section 5: In limiting the scope of the proposed revision to only three (3) lots in
Tract No 45667 (Lots 18, 29 and 39) and requiring conditions to ensure the protection and
maintenance of the landscape easement areas on these lots, the project will provide the
minimum necessary safeguards to protect the health, safety and general welfare
Section 6: Those portions of the application for Conditional Use Permit No. 130 -
Revision 'F' regarding rear -yard fencing modifications on Lots 30 through 38, inclusive,
and the reduction in the front -yard setback requirement for Lots 7 and 8 are not approved
by this action
Section 7: 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 8: 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 Conditional Use Permit
No 130 -Revision 'F', thereby allowing the modification of the placement of rear -yard
fencing on Lots 18, 29 and 39 of Tract No 45667 (Peninsula Pointe) to encroach a
maximum of twenty feet (20'0") into the 50 -foot -wide landscape easement area; but
denying the request for similar encroachment of rear -yard fencing on Lots 30 through 38,
inclusive, and denying the request for a 2 -foot reduction in the 20 -foot front -yard setback
P C. Resolution No 97-51
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requirement for Lots 7 and 8, 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
PASSED, APPROVED, AND ADOPTED this 23rd day of September, 1997, by the following
vote.
AYES. Chairman Vannorsdall, Commissioners Alberio, Clark and Ng
NOES Commissioners Cartwright and Slayden
ABSTENTIONS- Vice Chairman Whi teneck
ABSENT None
Carolynn Pe u, AICP
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
Donald E Vannorsdall
Chairman
PC Resolution No 97-riL
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 130 -REVISION 'F'
(Tract No. 45667)
1 } This approval is for revisions to the placement of rear -yard fencing for Lots 18, 29
and 39 only of Tract No. 45667 (Peninsula Pointe). Notwithstanding the plan
submitted to the City on August 4, 1997, the rear -yard fencing shall be located and
constructed in substantial compliance with the conditions listed below. No
requested modification to the rear -yard fencing on Lots 30 through 38,
inclusive, nor to the 20 -foot front -yard setback requirement for Lots 7 and 8
of Tract No. 45667 is approved.
2) Rear -yard fencing for all lots abutting the landscape easement areas of Tract No
45667 shall be 90% -light -and -air, 6 -foot -tall tubular steel with 3 -foot -tall screening
along the lower half to prevent small animals and household pets from crawling
through the fencing into the landscape easement area For Lots 18, 29 and 39,
gates shall be included in the rear -yard fencing to provide homeowners' association
access for maintenance of the landscape easement areas Rear -yard fencing for
lots not abutting the landscape easement areas shall be 90% -light -and -air, 6 -foot -
tall tubular steel.
3) Rear -yard fencing shall be located as follows*
a) On upslope lots abutting the landscape easement areas (Lots 7 through 11
and 19 through 28, inclusive), rear -yard fencing shall be placed at the
easement line closest to the house and shall not encroach upon the
easement area
b) On Lot 18, rear -yard fencing shall be placed a maximum of twenty feet
(20'0") beyond the easement line closest to the house, thereby encroaching
upon the easement area to provide access between the rear -yard area and
the westerly side -yard area.
c) On Lot 29, rear -yard fencing shall be placed a maximum of twenty feet
(20'0") beyond the easement line closest to the house, thereby encroaching
upon the easement area to provide access between the rear -yard area and
the northerly side -yard area
d) On Lot 39, rear -yard fencing shall be placed a maximum of twenty-two feet
(22'0") beyond the easement line closest to the house, thereby encroaching
P C Resolution No. 97-51
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upon the easement area to provide access between the rear -yard area and
the westerly side -yard area
e) On downslope lots abutting the landscape easement areas (Lots 30 through
38, inclusive), rear -yard fencing shall be placed at the easement line closest
to the house and shall not encroach upon the easement area
f) On downslope lots not abutting the landscape easement areas (Lots 1
through 3, 12 through 14 and 40 through 43, inclusive), rear -yard fencing
may be placed at the rear property line In addition, on Lots 1, 40 and 43,
street side -yard fencing shall be placed at the top of slope rather than at the
street -side property line to allow homeowners' association access to the
landscaped slope for maintenance purposes, under separate agreement.
g) The existing fencing along the rear property lines of Lots 29 through 39,
inclusive, shall be removed to provide unobstructed access between the
landscape easement area and the adjacent common area open space lot
5) The applicant shall execute a covenant agreement and grant of exclusive easement
with the owners of all lots in Tract No 45667 which are encumbered by the
landscape easement (Lots 7 through 11 and 18 through 39, inclusive) The
purpose of the Agreement shall be to advise buyers of the land use restrictions
within the landscape easement area, and to ensure that access to the landscape
easement area for maintenance by the homeowners' association will be maintained
Notwithstanding the land use restrictions within the landscape easement area
elsewhere in Tract No 45667, the Agreements for Lots 18, 29 and 39 shall specify
that the portion of the landscape easement area within the fenced rear -yard area
may be used for access between the rear -yard and side -yard areas of the lot, and
may be improved only with limited paving or hardscape to provide such access,
subject to the review and approval of a site plan review application by the Director
of Planning, Building and Code Enforcement. Said Agreements shall be executed
and recorded to the title of the property prior to the close of escrow for each
affected lot. The language of the Agreement shall be subject to the review and
approval of the City Attorney and the Director of Planning, Building and Code
Enforcement
6) All other conditions of approval of City Council Resolution Nos 89-39, 89-40 and
89-41 approving Conditional Use Permit No 130 remain in effect.
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P C. Resolution No 97-51
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