PC RES 2000-001P.C. RESOLUTION NO. 2000-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING THE
APPEAL AND THEREBY UPHOLDING THE DIRECTOR'S
DECISION CONDITIONALLY APPROVING FENCE, WALL
AND HEDGE PERMIT NO. 27, ALLOWING A 3'9" HIGH
WALL ALONG THE EAST SIDE OF THE PROPERTY
LOCATED A MINIMUM OF 11 -INCHES DOWN-SLOPE
FROM THE EXISTING CHAIN LINK FENCE OF THE
NEIGHBORING PROPERTY TO THE EAST, FOR
PROPERTY LOCATED AT 6624 ABBOTTSWOOD DRIVE.
WHEREAS, on June 11, 1999, the applicant/owner of property at 6624 Abbottswood
Drive, Dr Carlos Lemmi, submitted Fence, Wall and Hedge Permit No. 27, requesting
approval for the construction of a new 6 -foot -high redwood wall along the east side tap -of -
slope, and,
WHEREAS, on July 7, 1999, the application for Fence, Wall and Hedge Permit No.
27 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 Fence, Wall and Hedge Permit No. 27 would have
a significant effect on the environment and, therefore, the proposed project has been found
to be categorically exempt under Class 1 (Section 15301) since the project does not
intensify the use of the lot since the property is currently developed with a single-family
residential structure; and,
WHEREAS, on August 6, 1999, the Director of Planning, Building and Code
Enforcement reviewed the application for Fence, Wall and Hedge Permit No. 27, and
conditionally approved said application with modifications where the height of the wall was
limited to a height of 3'9", and a Notice of Decision was prepared and distributed to
adjacent property owners, and,
WHEREAS, on October 21, 1999, to clarify the height measurement and location
of the approved wall, an Amended Notice of Decision was prepared and distributed to
adjacent property owners, and,
WHEREAS, on October 26, 1999, less than fifteen (15) days following the Director's
Amended Notice of Decision, the appellant, Mr. Clarence Hustler (owner of adjacent
property to the east at 6614 Abbottswood Drive), filed an appeal to the Planning
Commission requesting that the Planning Commission overturn the Director's conditional
approval of Fence, Wall and Hedge Permit No 27 based upon the wall being a "view-
blocking" wall and that the constructed wall does not comply with the height limit
established by the conditions of approval of Fence, Wall and Hedge Permit No 27, 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 25, 2000, at which time all interested parties were given an 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
Section 1: As indicated in the Staff Report to the Director dated July 30, 1999,
incorporated herein by reference, the 3'9" -high wall along the east side of the property does
not significantly impair the view from the viewing area of the adjacent property to the east,
at 6614 Abbottswood Drive, since the wall does not project into the view of Santa Catalina
Island
Section 2: The wall has been constructed at 3'9" -high, which is within the height
limit established by the conditions of approval, as measured from the reference point Said
reference point is located on the east side of the fourth (4th) support pole of the neighbor's
existing chain link fence as counted from the north end of the chain link fence
Section 3: The Planning Commission hereby upholds the Director's approval of
Fence, Wall and Hedge Permit No. 27, and all the conditions of approval as stated in the
Amended Notice of Decision dated October 21, 1999. Further, the Planning Commission
finds as follows.
a) The wall does not project into the views of Catalina Island and the ocean;
thus, does not result in significant view impairment from the viewing area of
6614 Abbottswood Drive.
b) That all foliage on the applicant's lot which exceeds sixteen (16) feet or the
ndgeline of the primary structure, whichever is lower, and impairs a view from
the viewing area of another parcel, was removed within 30 days of
constructing the wall.
c) That construction of the wall complies with all applicable standards and
requirements of the City's Municipal Code, since there are no restrictions to
maintain two fence, wall, or hedge barriers at the same location.
Section 4: 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
P C Resolution No. 2000-01
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appropriate appeal fee, no later than fifteen (15) days following the date of the Planning
Commission's final action
Section 5: 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 denies the appeal, thereby
upholding the Director's conditional approval of Fence, Wall and Hedge Permit No 27 and
all the conditions of approval as stated in the Amended Notice of Decision dated October
21, 1999.
PASSED, APPROVED, AND ADOPTED this 25th day of January 2000, by the following
vote:
AYES: Alberio, Cartwright, Lyon, Paris, Slayden, Vannorsdall
NOES None
ABSTENTIONS. None
ABSENT. Clark
oel Roias. AICP
ire or of Planning, Building and
Enforcement, and, Secretary -
to the Planning Commission
Jon S Cartwright
Planning Commission Chairman
P.C. Resolution No. 2000-01
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