PC RES 1999-002P.C. RESOLUTION NO. 99-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 441 FOR THE PLACEMENT OF TWO, FIVE-
FOOT HIGH, SUBDIVISION SIGNS EACH MEASURING 24 -
SQUARE FEET IN AREA, FOR TRACT 46651 (SEABREEZE)
AT CREST ROAD AND HIGHRIDGE ROAD.
WHEREAS, on November 16, 1998, the applicants and owners, Pacific Heritage
Development and Warmmgton Homes, submitted an application for Variance No. 441,
requesting approval for the placement of two, eight -foot high, subdivision identification
signs each measuring 32 -square feet in area, and,
WHEREAS, on December 3, 1998, the application 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 Variance No 441 would have a significant effect
on the environment and, therefore, the proposed project has been found to be
categorically exempt (Section 15300), 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 January 12, 1999, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on January 12, 1999, the Planning Commission directed the applicant
to reconsider placing one sign or reducing the height, size, and location of the two signs,
and continued the meeting to the next scheduled meeting of January 26, 1999; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS.
Section 1: The tract is subject to an exceptional circumstance which does not
apply generally to other developments in that there are two separate entities that are
independently responsible for the development and sales of different portions of the tract
Section 2: The tract is being developed in a manner that is consistent with the
approvals granted by the City, and in accordance with the provisions of the Development
Code. However, one sign is not adequate in this circumstance since all other developers
have the ability to place one sign on their project, which does not account for dual
;I Is
ownership in the development Thus, each applicant must also maintain the right to place
a subdivision identification sign. Therefore, since there are two owners/applicants, and
the Development Code only allows one sign, a variance is necessary for the preservation
of a property right for each applicant/owner
Section 3: The requested variance will not be materially detrimental to the public
welfare since each sign will be lower in height and smaller in area than allowed by the
Development Code, and will be sufficiently setback from the public right-of-way and be
located outside of the established pedestrian/equestrian trail easement
Section 4: The requested variance will not be contrary to the goals and objectives
of the General Plan because the proposal calls for smaller and lower signs, mitigating any
effect on the visual character of the street while keeping consistency with the purpose of
the guidelines contained within the sign ordinance, for which the purpose is based on the
goals and policies of the General 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 17.76.040(H) 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
January 26, 1999, 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 Memorandum, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Variance No. 441,
allowing the placement of two subdivision signs at a maximum height of 5 -feet as
measured from grade of the adjacent pedestrian/equestrian trail easement, with a minimum
setback of 10 -feet from the back of existing sidewalk and outside of the established
pedestrian/equestrian trail easement, and with a maximum sign face area of 24 -square
feet. Said approval is subject to the conditions of approval contained in Exhibit "A"
attached hereto
P C. Resolution No 99-02
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PASSED, APPROVED, AND ADOPTED this 26th day of January 1999, by the following
vote
AYES Alberio, Lyon, Paris, Slayden, Vannorsdall
NOES Cartwright
ABSTENTIONS None
ABSENT Clark
Joel ojas, AICP
Dir ctor of Plannig, uilding and
ode Enforcement d, Secretary
to the Planning Commission
A:\VAR441\RES02.WPD
JU11 J Val Lwllynl
Planning Commission Chairman
P C Resolution No 99-02
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.7 1 -
EXHIBIT'A'
CONDITIONS OF APPROVAL
VARIANCE NO. 441
The applicant and/or 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
approval. Failure to provide said written statement within ninety (90) days following the
date of this approval shall render this approval null and void
2 A maximum of two signs are approved for the Seabreeze tract Each sign will be used for
sales information and advertisement by each owner of the tract
3 Each sign face shall be a maximum of 24 square feet in area (6' wide x 4' high)
4 The bottom of the signs shall not extend higher than one -foot above grade, as measured
from the grade elevation of the adjacent pedestrian/equestrian trail easement.
5 The signs shall be setback a minimum of 10 -feet from the edge of the existing sidewalk,
and shall be located outside of the established pedestrian/equestrian trail easement
6 Each sign shall be removed at close of escrow of the sale of the last home for the portion
of the tract being sold by each independent owner, or by June 30, 2000, whichever occurs
first. Any requests for time extensions beyond the June 30, 2000 deadline must be made
with the Planning Department at least thirty (30) days in advance with the appropriate
fees, and must be reviewed and approved by the Planning Commission
7 The Director of Planning, Budding and Code Enforcement is authorized to make minor
modifications to the wording, color or location of the approved signs, or to any of the
conditions of approval if such modifications shall achieve substantially the same results
as would strict compliance with said plans and conditions of approval
8 No grading is approved with this permit
9 In the event that a Planning requirement and a Budding & Safety requirement are in
conflict with one another, the stricter standard shall apply
10. All required Building & Safety Division permits shall be obtained.
11. All conditions of approval for Tract 46651, Conditional Use Permit 151, and Grading
Permit No 1389, shall remain in full force and effect
12. Illumination of the signs in any manner is prohibited
P.C. Resolution No. 99 - 02
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13 The signs shall be kept in good repair and in a presentable condition In the event the
Director determines that the signs are not being maintained in this manner, the
applicants/owners shall be responsible to take immediate action to repair, clean, or paint
the signs as requested by the Director
P.C. Resolution No. 99 - 02
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