PC RES 1999-017A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING SITE
PLAN REVIEW NO. 8554, MINOR EXCEPTION PERMIT NO.
545, AND GRADING PERMIT NO. 2111 TO LEGALIZE THE
NON -PERMITTED RETAINING WALL THAT EXCEEDS THE
MAXIMUM HEIGHT LIMIT OF THIRTY INCHES (30") WITHIN
THE INTERSECTION VISIBILITY TRIANGLE, AND TO
INSTALL A 1'8"-2'6" HIGH WROUGHT -IRON FENCE ABOVE
THE WALL, RESULTING IN AN OVERALL HEIGHT OF SIX
(6'0") FEET, ON PROPERTY LOCATED AT 4714
BROWNDEER LANE.
WHEREAS, on March 3, 1999, the applicant, Dr. Abraham Wittles submitted
applications for Site Plan Review No. 8554, Minor Exception Permit No. 545, and
Grading Permit No 2111 to legalize the non -permitted retaining wall that is located
along the front and street -side of the property and which exceeds the maximum
height limit of thirty (30") inches within the intersection visibility triangle, and
installation of a 1'8"-2'6" high wrought -iron fence above the retaining wall, resulting
in an overall height 60" which exceeds the maximum height limit for a fence within
the front yard and street -side area by 2'6", for the property located at 4714
Browndeer Lane; and
WHEREAS, on March 16, 1999 the application package was
deemed complete; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Section 21000 et seq. ("CEQA'), the State's CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), Staff found no evidence that Variance No 433 and Site
Plan Review No. 8444 would have significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class 1,
Section15301 ((e)(1)), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on May 25, 1999, at which all interested parties were given the
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
9 6
Section 1: The requested Site Plan Review to exceed the maximum height
limit of thirty inches (30") for the non -permitted retaining wall within the intersection
visibility triangle would not adversely impact traffic safety views of any on -coming
traffic at the Browndeer Lane and Lone Valley Drive intersection because the
building pad and front yard area are at a higher elevation than the top of the
retaining wall, and the wall does not control site visibility at the intersection Also,
the proposed wrought -iron fence will not obstruct any traffic views since the fence
will not be solid and it can be properly seen through Therefore, the proposed
height is warranted since the wrought -iron fence will provide a safer condition for
the residences and the fence is needed to serve as a protective barrier since the
front yard area is higher than the adjacent street level.
Section 2: The height of the fence is consistent with the general intent of
the minor exception process due to the practical difficulties of the topography on
this subject site.
Section 3: The requested Minor Exception to exceed the maximum forty-
two (42") inch height limit will not be detrimental to the public safety and welfare
since the proposed 1'8"-2'6" high wrought -iron fence will be installed above the
retaining wall and will allow visibility through it since the fence will not be solid. Also,
the fence will not obstruct any on -coming traffic or pedestrians since it will be located
above the existing retaining wall which currently does not control site visibility at the
intersection due to the height differential from the street level.
Section 4: The requested Minor Exception Permit to exceed the maximum
forty-two (42") inch height limit will allow fencing that would provide adequate line of
sight visibility, due to the wrought -iron fence material which will not be solid, and will
be located above the retaining wall. Also, the overall height of 6'0" will not
significantly impair a view since the adjacent residents do not enjoy a protected
view and the top of the fence will be below the height of the existing structure
Therefore, the wrought -iron fence will provide adequate sight and visibility to the
neighboring pedestrians and property owners
Section 6: The proposed wrought -iron fence will not adversely impact
visibility for on -coming traffic at the Browndeer Lane and Lone Valley Drive
intersection since the fence will be located above the existing retaining wall which
does not control site visibility Also, the fence can be properly seen through since it
will not be solid Therefore, the proposed wrought -iron fence meets the intent of this
finding
Section 6: The after -the -fact grading for the non -permitted 3'6"-4'6" high
retaining wall does not exceed the grading limits, however it is subject to a Minor
P C Resolution No. 99-17
Page 2 of 4
Grading Permit. A total of 19 cubic yards of grading was conducted on the 19%
slope, and the height of fill was 3'6". Although the 3'6" height of fill was less than the
5'0" high threshold for a major grading permit application, approval through a minor
grading permit is required. The grading did not exceed what was necessary for the
permitted primary use since the retaining wall was necessary to stabilize the slope;
and the wall does not significantly affect the visual relationship nor the views from
the neighboring properties since the adjacent property owners do not enjoy a
protected view and wall is below the existing structure. Therefore, the after -the -fact
grading meets the intent of this finding since the total amount of grading is relatively
minor in relations to the overall project
Section 7: The request for the Site Plan Review can be granted since the
approval is an integral part of the overall project, and is contingent upon the approval
of the Minor Exception Permit as discussed above As a result, the proposed six
(6'0") foot high combination fence and wall will comply with the height requirements
as set forth in the Development Code standards
Section 8: Any interested person may appeal this decision or any portion of
this decision to the City Council. Pursuant to Section 17 02 040 (C)(1)(j) 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 the date of the Planning Commission's final action
Section 9: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other record of proceeding, the
Planning Commission of the City of Rancho Palos Verdes hereby approves Site
Plan Review No 8554, Minor Exception Permit No. 545, and Grading Permit No.
2111 for the approval to legalize the non -permitted retaining wall that is located
along the front and street -side of the property which exceeds the maximum height
limit of 30" within the intersection visibility triangle, and to install a 1'8"-2'6" high
wrought -iron fence above the retaining wall, resulting in an overall height of 6'0"
which exceeds the maximum height limit for a fence within the front yard and street -
side area by 2'6", for the property located at 4714 Browndeer Lane, 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 99-17
Page 3 of 4
•
PASSED, APPROVED, AND ADOPTED this 25th day of May 1999, by the
following vote:
AYES: Alberio, Cartwright, Paris, and Slayden
g y
NOES:
ABSENTATIONS:
ABSENT: Clark, Lyon, and Vannorsdall
t r
i,.
r -
ion Cartwright
Planning Commission Chairman
IP
•el 'ojas, AICP
Director of Planning, Building
and Code Enforcement; and
Secretary to the Planning Commission
P.C. Resolution No. 99-_11
Page 4 of 4
CONDITIONS OF APPROVAL
SITE PLAN REVIEW NO. 8554,
MINOR EXCEPTION PERMIT NO. 545, AND
GRADING PERMIT NO. 2111
1 Prior to the submittal of plans into Building and Safety "plan check", the
applicant shall submit to the City a statement, that they have read,
understand and agree to all the conditions of approval contained herein.
Failure to provide said written statement within ninety (90) days of
approval shall render this approval null and void.
2. The approval shall be null and void after one (1) year from the date of
approval unless the approved plans are submitted to the Building and
Safety Division to initiate the "plan check" review process, pursuant to
Section 17.86 070 of the City's Development Code
3. The Director of Planning, Building and Code Enforcement is authorized to
make minor modifications to the approved preliminary plans or any of the
conditions if such modification will achieve substantially the same results
as would strict compliance with said plans and conditions
4 The abandonment or non-use of this approval after a period of 180 days
shall terminate the approval and any privileges granted hereunder shall
become null and void
MINOR EXCEPTION PERMIT
5. The proposed wrought -iron fence above the retaining wail shall not
exceed 1'8"-2'6" in height, resulting in an overall height of 60".
6 At no point shall the combination fence and retaining wall exceed the
height limit of six (6'0') feet, as measured from the downside that faces the
sidewalk
GRADING PERMIT
7 The fill for the existing retaining wall shall not exceed 3'6" in height
Exhibit "A"
May 25, 1999
Page 2
8 As a result of the proposed wrought -iron fence, no additional grading is
approved with this project
MICELLANEOUS
9 A minimum of fifty (50%) percent of open space shall be maintained on
the property (existing- 52 6%)
10 The hours of construction shall be limited to 7 00 a.m. to 7.00 p m ,
Monday through Saturday. No construction shall be permitted on
Sundays or legal holidays.
11 The construction site shall be kept free of all loose materials resembling
trash and debris in excess of that material used for immediate construction
purposes. Such excess may include, but is not limited to- the
accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt,
piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures