PC RES 2002-014A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES OVERTURNING THE
PLANNING DIRECTOR'S DECISION, AND CONDITIONALLY
APPROVING FENCE, WALL, AND HEDGE PERMIT (CASE NO.
ZON2001-00122), TO ALLOW AN EXISTING HEDGE TO BE
MAINTIANED AT 5'-0" HIGH, AS MEASURED FROM THE
HIGHER ADJACENT GRADE, LOCATED AT 32451 SEARAVEN
DRIVE.
WHEREAS, on October 15, 2001 an application for Fence, Wall, and
Hedge Permit (Case No. ZON2001-00122) was submitted to the Planning
Department to allow the existing hedge, located along the east side property line
at 32451 Searaven Drive to be maintained at 5'-0", and,
WHEREAS, on November 14, 2001 the subject applications were deemed
complete for processing by Staff, and,
WHEREAS, on April 10, 2002 the Director of Planning approved the
application with conditions, including a condition requiring the portion of the
hedge closest to the residence at 32451 Searaven Drive to be lowered to and
maintained at a maximum height of 2'-6", as measured from the higher adjacent
grade; and,
WHEREAS, on April 29, 2002, the property owners, Mr. and Mrs. Foster
submitted a letter and the associated fees to appeal the Director's decision to the
Planning Commission, and,
WHEREAS, on May 9, 2002 the required public notices for the May 28,
2002 Planning Commission meeting were mailed to the adjacent property
owners; and,
WHEREAS, at the applicant's request, on May 28, 2002, the Planning
Commission continued the public hearing to the June 11, 2002 Planning
Commission meeting; and,
WHEREAS, at the applicant's request, on June 11, 2002, the Planning
Commission continued the public hearing to the June 25, 2002 Planning
Commission meeting; 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 Fence, Wall, and
P.C. Resolution No. 2002-14
Page 1 of 3
Hedge Permit Case No ZON2001-00122 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 June 25, 2002, 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 the existing hedge does not significantly impair the view
of the coastline from the viewing area of 32459 Searaven Drive
Section 2: That there is no existing foliage on the subject property that
exceeds 16' in height, and which significantly impairs views from neighboring
properties
Section 3. That the existing subject hedge complies with the
Development Code, since Section 17 76 030(C)(1)(b)(ii) of the Development Code
allows hedges up to sixteen feet in height on any part of the lot, except between the
front property line and the exterior facade of the existing single-family residence
closest to the front property line
Section 4: That partial trimming of the hedge constitutes an
unreasonable invasion of the outdoor rear yard privacy of the applicant's
property, there is no other method to create such privacy, and the rear yard area
is an usable and enjoyed area by the property owners
Section 5. A Notice of Decision shall be given to the applicant and to
all interested parties informing them of the Planning Commission's decision
Section 6: Any interested parties 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 7: 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 overturns
the Director's decision, and approves with conditions (as shown in attached
Exhibit "A") Fence, Wall, and Hedge Permit (Case No ZON2001-00122), to allow
the existing hedge to be maintained at a height of 5'-0", as measured from the
higher adjacent grade
PC Resolution No. 2002-14
Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 9th day • July, 2002, • the
following vote:
AYES: Commissioner Lyon, and Chairman Cartwright
NOES: None
ABSTENTIONS: Commissioners Cote and Mueller
ABSENT: Commissioners Duran Reed, Tomblin, and Vic
e' R jas, A'Cp
1rect of Plann g, wilding
allorde EnforcL ent, and,
Secretary to the Planning Commission
S Cartwright
firman
P.C. Resolution No. 2002-14
Page 3 of
Exhibit "A"
Fence, Wall & Hedge Permit
Case No. ZON2001-00122
1. The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void
2. Approval of this permit is to allow the existing hedge located along the east side
property line to remain and be maintained at a height of 6-0", as measured from
the higher adjacent grade.
3 The height of the hedge shall be measured from the higher adjacent grade,
which is the rear yard pad elevation of the property located at 32459 Searaven
Drive.
4. No expansion of the building footprint or additional enclosed floor area is
approved with this permit
5. The project shall substantially conform to the plans stamped for approval by the
Planning Department
6. In the event that the Planning and Building requirements are in conflict, the
stricter standard shall apply.
7 No additional construction or grading is approved under this permit approval.
8 On March 2, 2001 and January 7, 2002, City Staff conducted a foliage analysis
on the subject property and determined that there is no existing foliage on the
subject property that exceeds 16' in height, and which significantly impairs views
from neighboring properties