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PC RES 1999-023z / :;, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 452 AND SITE PLAN REVIEW NO. 8663, THEREBY ALLOWING THE CONSTRUCTION OF MAXIMUM 11 -FOOT -TALL ENTRY WALLS, NON -CLOSING DECORATIVE GATES AND MAXIMUM 30 -INCH -TALL PILASTERS WITHIN THE PRIVATE RIGHT-OF-WAY OF CHAPARRAL LANE, LOCATED WEST OF CAYUSE LANE WHEREAS, on June 19, 1998, the Director of Public Works awarded Beautification Grant No 9-169 to the Chaparral Lane Homeowners' Association for proposed improvements at the entry to the Chaparral Lane neighborhood, and, WHEREAS, on May 20, 1999, the applicant, the Chaparral Lane Homeowners' Association, submitted applications for Variance No. 452 and Site Plan Review No. 8663 to allow the construction of walls, decorative gates and pilasters at the entry to the Chaparral Lane neighborhood, and, WHEREAS, on July 1, 1999, the applications for Variance No 452 and Site Plan Review No 8663 were 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 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 452 and Site Plan Review No 8663 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (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 July 27, 1999, at which time all interested parties were given an opportunity to be heard and present evidence. A1411k,41 i! i i i' 2001 e i Section 1: The Planning Commission hereby makes the following findings of fact with respect to the application for Variance No. 452 for the entry walls and decorative gates in excess of forty-two inches (42") in height A 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, while the intended use of the subject properties is to beautify the entry to the Chaparral Lane neighborhood, the strict enforcement of the front setback requirements for the two flag lots would require the proposed entry walls and gates to be located more than three hundred feet (300') further down Chaparral Lane and would defeat the purpose of the structures to enhance the entry to the neighborhood. B. 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 many other neighborhoods this area of the City have entry walls or similar structures that enhance the appearance of their communities, and the applicant's request for similar improvements to the entrance to the Chaparral Lane neighborhood is consistent with the types of entry features that are enjoyed by other neighborhoods in this area. C 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 the proposed structures do not encroach into the intersection visibility triangle at Chaparral and Cayuse lanes, do not impair protected views from the adjacent property at 14 Cayuse Lane, are set back from Cayuse Lane a similar distance as the residences on the adjacent properties at 14 and 22 Cayuse Lane; and will require building permits and Fire Department clearances prior to construction. D 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 this variance is requested as a part of a project undertaken through the City's Beautification Grant program, which provides incentives for homeowners' associations and small neighborhood groups to enhance the identity and appearance of their communities, and this is consistent with the goals of the Urban Environment Element of the General Plan "to enhance the visual character and physical quality of existing neighborhoods" and "provide residents with a safe and efficient system of roads, trails and paths." The project site is not located within the City's Coastal Specific Plan district Section 2: The four low pilasters flanking the roadway, which are the subject of the application for Site Plan Review No. 8663, are consistent with the provisions of the Rancho Palos Verdes Development Code because they will not exceed thirty inches (30") in height within the intersection visibility triangle at Chaparral and Cayuse lanes, and will P C. Resolution No 99-23 Page 2 of 5 also be placed so as not to interfere with access to the existing driveway for the adjacent property at 22 Cayuse Lane. 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 17.64.060 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 July 27, 1999, the date of the Planning Commission's final action 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 approves Variance No 452 and Site Plan Review No 8663, thereby allowing the construction of maximum 11 -foot -tall entry walls, non -closing decorative gates and maximum 30 -inch -tall pilasters within the private right-of-way of Chaparral Lane, located west of Cayuse 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. w a a+! f •. • s s• i — • i # f— AYES Commissioners Slayden, Vannorsdall, Vice -Chair Lyon, and Chairman Cartwright. NOES Commissioners Alberio and Paris. ABSTENTIONS ABSENT- Commissioner Clark. 4- �L �,V. R. Joe Rojas, AICP Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission Son S Cartwright Chairman PC Resolution No 99-23 Page 3of5 11 A� EXHIBIT'A' CONDITIONS OF APPROVAL FOR VARIANCE NO. 452 AND SITE PLAN REVIEW NO. 8663 (Chaparral Lane, west of Cayuse Lane) The applicant and the property owners 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 within ninety (90) days of adoption of this Resolution shall render this approval null and void 2 This approval is for entry walls, non -closing decorative gates and low pilasters within the private right-of-way of Chaparral Lane The height of the entry walls shall vary from six feet six inches (66") to a maximum of eleven feet (11'0") The maximum height of the low pilasters shall be thirty inches (30") All of the approved structures shall be placed on private property and not within the public right-of-way of Cayuse Lane Any substantive change to the project shall require approval of a revision to Variance No 452 and/or Site Plan Review No 8663 by the Planning Commission and shall require 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 -2 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 the project has not been established (i e , submitted into Building and Safety plan check) within one (1) year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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 variance and site plan review revision must be approved prior to further development. 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 P C Resolution No 99-23 Page 4 of 5 _'r`� M 2 _ '1 7 Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans submitted to the City on July 1, 1999, entitled "New Entry Portal for the Chaparral Lane Homeowners' Association," prepared by Miles E. Pritzkat and dated June 28, 1999 8. The structures shall comply with the setbacks depicted on the approved plans 9. The maximum height of the entry walls shall not exceed 117 5' (as measured from the existing roadway elevation of 106 5') Height certification required prior to building permit final inspection. 10 The maximum height of the four (4) low pilasters shall not exceed thirty inches (30") above the elevation of the roadway 11 No grading of three feet (3'0") or more in depth of cut or fill, and/or twenty cubic yards (20 yd 3) of material, is permitted by this approval 12. The entry gates shall be decorative, non -closing and fixed in the fully -open position Any future proposal for operable gates shall require City approval. 13 No lighting or signage is included as a part of this approval. Any future proposal for lighting and/or signage shall require City approval. 14. The low pilasters shall be placed so as not to interfere with vehicular access to the property at 22 Cayuse Lane 15. Prior to the issuance of building permits by the Building and Safety Division, the applicant shall obtain any necessary clearances from the Los Angeles County Fire Department. 16 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 material may include, but not be limited to. the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliance or other household fixtures 17. The hours of construction shall be limited to 7 00 AM to 7 00 PM, Monday through Saturday No construction shall be permitted on Sundays or on legal holidays. M TrojectsWAR 452—SPR 8663 (Chaparral Lane)lt 9994727 Reso_PC doc PC Resolution No 99-23 Page 5 of 5