PC RES 1998-007P.C. RESOLUTION NO. 98-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES UPHOLDING THE
APPEAL AND THEREBY MODIFYING THE DIRECTOR'S
DECISION APPROVING CONDITION NO. 5 OF FENCES,
WALLS AND HEDGES PERMIT NO. 20 REQUIRING THE
TRIMMING (RATHER THAN THE REMOVAL) OF TWO ASH
TREES ON THE UPPER PAD AREA OF AN EXISTING,
SINGLE-FAMILY RESIDENCE, LOCATED AT 28757
ENROSE AVENUE.
WHEREAS, on July 24, 1997, the applicant, Jeff Logan, submitted an application
for Fences, Walls and Hedges Permit No 20 to allow the construction of combination block
walls and wrought -iron fencing along the southerly side and rear property lines of an
existing single-family residence; and,
WHEREAS, on August 25, 1997, the application for Fences, Walls and Hedges
Permit No 20 was deemed complete by Staff, 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 Fences, Walls and Hedges Permit No. 20 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, on October 24, 1997, the Director of Planning, Budding and Code
Enforcement reviewed the application for Fences, Walls and Hedges Permit No 20 and
conditionally approved said application with modifications, based upon the necessary
findings of fact, and a notice of final action was prepared and distributed to adjacent
property owners; and,
WHEREAS, on October 28, 1997, after the Director conditionally approved the
project with modifications, the applicant requested clarification of the Director's
modifications to the height and composition of the walls, and the requirement for the
removal of all trees and foliage on the upper pad area of the lot, and,
WHEREAS, the Director considered the applicant's request and amended the
approval of Fences, Walls and Hedges Permit No. 20 to allow 1) minor changes to
portions of the walls abutting 2103 Caddington Drive and 6712 Via Canada, and 2) the
trimming of two ash trees and the removal of all other foliage on the upper pad area of the
lot; and, on October 31, 1997, an amended notice of final action was prepared and
distributed to adjacent property owners, and,
WHEREAS, on November 17, 1997, less than fifteen (15) days following the
Director's amended decision, the appellant, Mr. R.A. Bundgard, filed an appeal to the
Planning Commission, requesting that the Planning Commission overturn the Director's
amended approval of Condition No 5 of Fences, Walls and Hedges Permit No 20 to allow
the two ash trees on the upper pad area of the subject property to be trimmed rather than
removed, 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 December 9, 1997, January 13, 1998 and February 10, 1998, at which time all
interested parties were given an opportunity to be heard and present evidence
i•kiloi o f • 4!
Section 1: The foliage on the upper pad area of the property at 28757 Enrose
Avenue, as viewed from the appellant's property at 6708 Via Canada, exceeds the
ridgeline of the primary structure and significantly impairs a view from the viewing area of
the appellant's property, as defined in Chapter 17 02 (Single -Family Residential Districts)
of the Rancho Palos Verdes Development Code In order to significantly restore the
appellant's view, the Planning Commission hereby modifies the Director's October 31,
1997, approval of Condition No 5 of Fences, Walls and Hedges Permit No 20, to wit. 1)
the two large ash trees shall be trimmed of minor branches and foliage below the 16 -foot
level, and their canopies shall be thinned and laced above the 16 -foot level, 2) all other
trees and forage on the upper pad area of the subject property shall be removed; 3) the
applicant shall trim, thin and lace the ash trees --in accordance with the above-described
conditions --on an annual basis in order to maintain the restored view; and 4) this matter
shall be reviewed by the Director six (6) months after the trees are trimmed to ensure
compliance with the Planning Commission's decision
Section 2: The Planning Commission hereby upholds all other conditions of
approval for Fences, Wails and Hedges Permit No 20, as approved by the Director of
Planning, Building and Code Enforcement in the amended notice of October 31, 1997 and
reflected in the attached Exhibit 'A'
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 17 76 030(6)(4) 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
February 10, 1998, the date of the Planning Commission's final action.
P C. Resolution No 98-07
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Section 4: 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 upholds the appeal, thereby
modifying the Director's decision approving Condition No 5 of Fences, Walls and Hedges
Permit No 20 requiring the trimming (rather than the removal) of two ash trees on the
upper pad area of an existing, single-family residence, located at 28757 Enrose Avenue
PASSED, APPROVED, AND ADOPTED this 10th day of February 1998, by the following
vote
AYES Commissioners Alberio, Cartwright & Slayden
NOES Commissioner Vannorsdall
ABSTENTIONS Commissioner Lyon
ABSENT Chairman Clark
P
J el K Jas, AICP -
�ctiqd Director of Planng, uilding
a Code Enforcement; , Secretary
to the Planning Commission
PC Resolution No 98- 07
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR FENCES, WALLS AND HEDGES PERMIT NO. 20
(28757 Enrose Avenue)
This approval is for maximum 5 -foot -tall, block and block -and -wrought -iron walls
along the southerly side and rear property lines of 28757 Enrose Avenue The
maximum overall height of the walls shall be five feet (60") as viewed from the
existing grade of any abutting property, consisting of solid block, or block topped
by wrought -iron pickets, unless a different overall height for a particular wall
segment is specified in these conditions.
2. The height and configuration of the walls adjacent to each of the abutting properties
shall be as follows
a Adjacent to 2103 Caddington Drive, the wall shall consist of approximately
thirty-two linear feet (32 LF) of 5 -foot -tall solid block wall along the easterly
half of the rear property line, replacing the existing, 6 -foot -tall solid wood
wall. On the slope area near the corner with the existing wall at 2109
Caddington Drive, a short section of the wall may be 4 -foot -tall block with 1 -
foot -tall wrought -iron pickets to match the wall at 2109 Caddington Drive
b Adjacent to 2117 Caddington Drive, the wall shall consist of approximately
sixty linear feet (60 LF) of block and black -and -wrought -iron wall along the
entire rear property line, replacing the existing, 4 -foot -tall solid wood wall
From east to west, the wall shall consist of twenty linear feet (20 LF) of 4 -
foot -tall block with 1 -foot -tall wrought -iron pickets and forty linear feet (40
LF) of 5 -foot -tall solid block wall
C Adjacent to 2125 Caddington Drive, the wall shall consist of approximately
thirty-three linear feet (33 LF) of block wall along the entire rear property
line, replacing the existing, 4 -foot -tall chain link fence From east to west,
the wall shall consist of sixteen linear feet (16 LF) of 4 -foot -tall block with 1 -
foot -tall wrought -iron pickets and seventeen linear feet (17 LF) of 5 -foot -tall
solid block wall.
d Adjacent to 6708 Via Canada, the wall shall consist of approximately ten
linear feet (10 LF) of 5 -foot -tall solid block wall along the rear property line
at the northeast corner of the lot.
• Resolution No. 98-07
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e Adjacent to 6712 Via Canada, the wall shall consist of approximately seventy
linear feet (70 LF) of block and block -and -wrought -iron wall along the entire
rear property line From south to north, the wall shall consist of fifteen linear
feet (15 LF) of 5 -foot -tall solid block wall and fifty-five linear feet (55 LF) of
4 -foot -tall block wall with 1 -foot -tall wrought -iron pickets The wall shall be
stepped to match the side-to-side slope of the subject property, and to meet
the 4 -foot height limit (facing towards 6712 Via Canada) as closely as
possible At the northwest corner of the subject property, the height of the
solid portion of the wall may be increased to a maximum of six feet (60")
facing toward 6712 Via Canada in order to maintain a maximum 4 -foot height
inside the wall (facing toward the subject property)
Adjacent to 6716 Via Canada, the wall shall consist of approximately thirty-
one linear feet (31 LF) of 4 -foot -tall block with 1 -foot -tall wrought -iron pickets
along the southerly half of the rear property line The wall shall be stepped
to match the side-to-side slope of the subject property, and to meet the 4 -
foot height limit (facing towards 6716 Via Canada) as closely as possible
At the northwest corner of the subject property, the height of the solid portion
of the wall may be increased to a maximum of six feet (60") facing toward
6716 Via Canada in order to maintain a maximum 4 -foot height inside the
wall (facing toward the subject property)
3 The walls approved by this permit shall be constructed upon the applicant's
property only unless authorization to straddle the property line is obtained from the
abutting property owner(s) No walls of fences on abutting properties shall be
removed by the applicant without the authorization of the abutting property
owner(s)
4 No grading in excess of twenty cubic yards (20 yd 3) or three feet (30") in depth is
approved in conjunction with the proposed walls
5 The two large ash trees near the northwest corner of the upper pad area shall be
trimmed as follows
a. Foliage and minor branches shall be removed from the from ground level to
a height of sixteen feet (160")
b The crowns shall be laced and thinned above a height of sixteen feet (160")
All other trees and shrubs on the upper pad area at the rear of 28757 Enrose
Avenue shall be removed. The applicant shall trim, thin and lace the ash trees --in
accordance with the above-described conditions --on an annual basis in order to
P C Resolution No 98-07
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maintain the restored view(s) This matter shall be reviewed by the Director six (6)
months after the trees are trimmed to ensure compliance with the Planning
Commission's decision
6 The construction of a pool, spa, decks or other structures on the upper pad area of
the subject property requires separate approval of a site plan review by the Director
of Planning, Building and Code Enforcement.
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P C Resolution No 98-07
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