PC RES 2001-0479
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING VARIANCE
(CASE NO. ZON2001-00088) A REQUEST TO ALLOW AN
EXISTING 6'-0" HIGH SOLID BLOCK WALL WITH TEN (10)
PILASTERS TO REMAIN WITHIN THE FRONT YARD SETBACK
AT 10 LA VISTA VERDE DRIVE.
WHEREAS, on September 26, 2001 an application for Variance (Case No.
ZON2001-00088) was submitted to the Planning Department to legalize an
existing 6'-0" high solid block wall with ten (10) pilasters located within the front
yard setback, and,
WHEREAS, on October 25, 2001 the subject application was deemed
complete for processing by Staff, and,
WHEREAS, on November 8, 2001 a public notice was mailed to property
owners within a 500 foot radius of the subject property informing them of the
proposed project Furthermore, a notice was published in the Palos Verdes
Peninsula News on November 10, 2001, and,
WHEREAS, pursuant to the provision of the California Quality Act, Public
Resources Code Section 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 (Case No.
ZON2001-00088) would have a significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class
1, Section 15303(a)), 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 December 11, 2001, 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.
Section 1: That there are no special circumstances or conditions
applicable to the property involved, or to the intended use of the property which
do not apply generally to other properties in the same zoning district, since the
subject property is a typical graded pad lot found throughout the zoning district
and the owner could construct a wall no higher than 42" similar to other
neighboring properties
P.C. Resolution No. 2001-47
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Section 2: That the Variance is not necessary for the preservation and
enjoyment of a substantial right of the applicant, which right is possessed by
other property owners under like conditions in the same zoning district, because
the majority of the properties in the neighborhood have walls and fences that
comply with maximum permitted height by the Development Code and because
other Variances for 6'-0" high block walls have been denied in the past.
Section 3. That approval of the Variance will cause materially
detrimental effects on surrounding properties, in that a solid wall adjacent to the
street of access will have a negative visual impact on the neighborhood and
negatively contrasts with the open front yards found predominantly in this
neighborhood In addition, the impact of allowing such walls would detract from
the semi rural and open character of this residential neighborhood
Section 4. That the Variance request is contrary to the policy of the
General Plan because it is a policy of the General Plan to "make an effort
through zoning to preserve the rural and open character of the City" (General
Plan Page 78 Policy 17), and the Development Code does not allow solid walls
higher than 42 inches in height in the front and along street side setbacks
Section 5: Any interested party 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 adoption of this resolution
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 denies
Variance (Case No.ZON2001-00088), thereby denying the after the fact approval
of an existing 6'-0" to 7'-0" high solid block wall along the front property line at 10
La Vista Verde Drive
PC Resolution No. 2001-47
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PASSED, APPROVED, AND ADOPTED this 11th day of December, 2001, by
the following vote:
AYES: Lyon, Mueller, Cartwright, Paulson, Vannorsdall, Long
NOES' None
ABSTENTIONS: None
ABSENT- None
F.
Joo Rojas, AIC
Dir ctor of Plan in , Building
and t6de Enforcement; and,
Secretary to the Planning Commission
Frank Lyon
Chairman
P C Resolution No. 2001-47
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