PC RES 1998-031P.C. RESOLUTION NO. 98-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 436, THEREBY APPROVING AN EXISTING,
9.25 -FOOT -TALL BLOCK -AND -WROUGHT -IRON WALL IN
THE FRONT YARD SETBACK AREA OF A SINGLE-FAMILY
RESIDENCE IN THE MACARTHUR HEIGHTS NEIGHBOR-
HOOD, LOCATED AT 1887 MACARTHUR STREET
WHEREAS, on June 30, 1987, the previous owner of the single-family residence
at 1887 MacArthur Street, Gavrilo Cucuk, submitted applications for Variance No 173 and
Grading Permit No 1031 for after -the -fact approval of a 9 25 -foot -tall block -and -wrought -
iron wall in the front -yard setback area of the property, and,
WHEREAS, on October 27, 1987, the Planning Commission denied Variance
No. 173 but approved Grading Permit No 1031, thereby requiring Mr Cucuk to reduce the
height of the wall to a maximum of six feet (60"), and on February 2, 1988, the City Council
subsequently denied an appeal by Mr Cucuk and upheld the Planning Commission's
decision regarding the wall, and,
WHEREAS, over the next several years, the City attempted to enforce the
conditions of approval adopted by the Planning Commission and City Council, and to
compel Mr. Cucuk to modify the wall accordingly; and
WHEREAS, on June 21, 1994, Mr Cucuk, the previous owner, sold the subject
property to the applicants, George and Sharon Lusic, without modifying the front -yard wall
or advising the Lusics of its illegal status, and on October 14, 1997, the Lusics were
informed of the illegal status of the front -yard wall by the City's Code Enforcement Staff,
and,
WHEREAS, on July 29, 1998, the Lusics submitted an application for Variance
No 436 in order to legalize the existing front -yard wall in its current height and location,
and on September 2, 1998, the application for Variance No. 436 was deemed complete
for processing 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 Regulations, 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 436 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 22, 1998, at which time all interested parties were given an opportunity to
be heard and present evidence
1i � •• i i i i '" i i
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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 previous owner
of the property sold the property without disclosing the illegal status of the wall to the
applicants, who are now obliged to correct an illegal condition which was not of their
making, and this is an exceptional condition which does not generally apply to other
properties in the RS -4 district
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 topography of the
MacArthur Heights neighborhood results in terraced pad lots with a cross -slope at the
street, many residents in this area have constructed retaining walls to level out the front
portions of the pads to create larger usable yard areas; although the majority of these walls
on other properties step with the slope to maintain a 42 -inch height, there are instances
of properties with taller walls, especially on steeper portions of some of the streets in the
neighborhood, and, therefore, the ability to create larger front -yard areas with retaining
walls is a right possessed and exercised by many other property owners in the RS -4
district
Section 3: Granting the variance will not be materially detrimental to the public
welfare or injurious to property and improvements in the area in which the property is
located because approval of the variance will be conditioned to require the applicants to
obtain after -the -fact approval by the Building and Safety Division in order to comply with
the City's building codes, and no notified neighbors or other parties have objected to the
proposed variance for the existing wall
Section 4: Granting the variance will not be contrary to the objectives of the
General Plan or the policies and requirements of the Coastal Specific Plan because
resolving a longstanding illegal condition is consistent with General Plan Housing Policy
No 3 to "[encourage] and assist in the maintenance and improvement of all existing
residential neighborhoods so as to maintain optimum local standards of housing quality
and design" and General Plan Safety Policy No. 2 to "[adopt] and enforce building codes,
ordinances and regulations which contain design and construction standards based upon
P C Resolution No 98-31
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specified levels of risk and hazard"; and the subject property 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 17.64.060 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 22,
1998, 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. 436,
thereby approving an existing, 9.25-foot-tall block-and-wrought-iron wall in the front-yard
setback area of a single-family residence in the MacArthur Heights neighborhood, located
at 1887 MacArthur Street, 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 22nd day of September 1998, by the following
vote:
AYES: Chairman Clark, Vice Chairman Cartwright, Commissioners Alberio,
Lyon, Paris and Slayden
NOES: none
ABSTENTIONS: none
ABSENT: Commissioner Vannorsdall
q - .11104: (
)
Lawrence E. Clark
Chairman
di_
Ads,
Joel -ojas, AIC=
lire tor of Plan- g, Building and
•e Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 98-31
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f - - a
EXHIBIT'A'
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 436
(1887 MacArthur Street)
Prior to the submittal of plans into Building and Safety plan check, 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 for the existing, 9.25 -foot -tall block -and -wrought -iron wall in the
front -yard setback area of the existing single-family residence at 1887 MacArthur
Street. Any change in the height, location or configuration of the wall or any part
thereof (including gates and light fixtures) shall require approval of an amendment
to Variance No 436 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 after -the -fact building permits for the front -yard wall at 1887 MacArthur Street
have not been obtained within one hundred eighty (180) days of the effective date
of this Resolution, approval of the 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 revision of this approval must be approved by
the Planning Commission
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, the existing block -and -wrought -
iron -wall and all components thereof (including gates and light fixtures) shall be
maintained in substantial conformance with the plans on file with the City, originally
P C Resolution No. 98-31
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submitted on June 30, 1987, entitled "Block Wall for 1887 MacArthur Street,
Rancho Palos Verdes, California," prepared by and for the previous property owner,
Gavrilo Cucuk, to wit:
a. The maximum height of the wall at the southeast corner of the property shall
be nine feet three inches (9'3") from the sidewalk to the top of the wall
b The maximum height of the wall at the southwest corner of the property shall
be four feet seven inches (47") from the sidewalk to the top of the wall,
topped by an 18 -inch -tall light fixture for an overall height of six feet one inch
(6 1 ")
C. The maximum height of the pilaster on the east side of the driveway shall be
five feet (60") to the top of the pilaster, topped by an 18 -inch -tall light fixture
for an overall height of six feet six inches (66")
d. The gate across the driveway shall be five feet (60") tall
8 The open wrought -iron panels of the fence and gate shall not be changed to
different and more opaque material (i e , block, wood, etc.) without the approval of
a revision to Variance No 436 by the Planning Commission Any material which
is less than 80 -percent open to the passage of light and air shall be deemed "more
opaque" than the current wrought -iron panels
9 The applicants shall submit plans to the Building and Safety Division for after -the -
fact approval of the existing front -yard wall at 1887 MacArthur Street, including any
and all structural details, engineering calculations and soils/geology reports as may
be required by the Building Official
10 Prior to the issuance of a building permit for the wall, the non -permitted, roof -
mounted satellite dish antenna shall either be removed or brought into compliance
with the provisions of Rancho Palos Verdes Development Code Section
17 76 020(B) "Satellite Dish Antennas" (or equivalent Code Section(s))
MAUS ERS\KITF\WPWIN60\PROJECTS\VAR436\VAR436.RES
P C Resolution No 98-31
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