Loading...
PC RES 2002-025P .C. RESOLUTION NO 2002-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING VARIANCE AND EXOTIC ANIMAL PERMIT (CASE NO. ZON2002-00296) FOR TWO (2) TRELLISES 9 -FEET IN HEIGHT LOCATED WITHIN THE REAR AND SIDE YARD SETBACK AND FOR FIVE (5) WILD BIRDS TO BE LOCATED UNDER THE TRELLISES IN AVIARIES, LOCATED AT 1985 AVENIDA FELICIANO. WHEREAS, on June 14, 2002, the applicant, Mrs. Bauer, submitted Variance and Exotic Animal Permit (Case No. ZON2002-00296), requesting approval for two (2) trellises built within the required rear and side yard setback area on the lot, measuring 9 -feet in height and to allow four (4) parrots and one (1) macaw to reside in bird aviaries located within the rear and side setback areas, and, WHEREAS, on July 10, 2002, Staff deemed the applications generally complete for processing; 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 and Exotic Animal Permit (Case No. ZON2002-00296) 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), and, WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on August 27, 2002, 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: That the proposed project includes the construction of two (2) trellises measuring 499 square -feet in total size and 9 -feet in total height. The trellises will be located within the required rear and side yard setback areas and will cover several 6 -foot bird aviaries. The project also includes a request for four (4) parrots and one (1) macaw to be located on the parcel and in the rear of the lot. Section 2: That the lot does not contain any exceptional or extraordinary circumstances, which do not generally apply to other property in the same zoning district There appears to be other areas on the lot in which are very suitable, in size and location, to allow the placement of two (2) trellises The homeowner could easily lower the height of the accessory structures and/or move them out of the required setback areas to the area between the pool and house, while not losing the functionality of the detached structures. The condition of the subject property is very similar to other properties in the same zoning district Many of the surrounding properties contain rear yard areas that contain sufficient amount of space to locate a detached structure out of a required setback area P.C. Resolution No. 2002-25 Page 1 Section 3: That this is not the best and most suitable spot for the detached accessory structures. That there are no other properties located on Avenida Feliciano that contain similar structures at the proposed height within the required rear and side yard setback areas. That the applicant can lower the height of the trellises to 6 -feet while still maintaining their functionality That the variance requested is not necessary for the preservation and enjoyment of property rights similar to those enjoyed by other properties in the immediate vicinity under like conditions Section 4: The granting of the variance to allow two (2) trellises measuring 499 square -feet in size will be detrimental to the public welfare and will be injurious to other property in the area. That the proposed trellises will be injurious to neighboring homes, as the structure appears overwhelming in height and size. The bird aviaries can be seen by the neighbor to the east, thus, the privacy and enjoyment of their property is affected by the large structure and related activities. Further, when looking at surrounding neighbors, none of them contain structures similar in size, location and height Section 5: The General Plan land use designation for the neighborhood within which the subject property is located is Residential, 1-2 DU/acre The development of accessory structures and additions for single-family residences is consistent with this underlying land use designation However, according to the Urban Environment Element in the City's General Plan the improvement of residential neighborhoods should maintain optimum local standards of housing design The proposed trellis and its location in the setback areas do not maintain optimum local standards. The applicant is proposing a 9 -foot accessory structure within the City's required rear and side yard setback areas, which is not consistent with the objectives of the City's General Plan. Section 6: That the four (4) parrots and one (1) macaw will not be detrimental to the public health, safety and general welfare, since the birds are caged all day long and do not come in regular contact with surrounding neighbors. The wild birds are locked in bird aviaries outside of the main residential structure and seem very tame and friendly in nature. Further, the areas on the ground around the aviaries appear to be very clean and sanitary. Therefore, the birds will not be a safety hazard or health issue to neighboring homes and citizens Section 7: That the subject site (referring to the proposed location of the bird aviaries) is not adequate in size and shape to accommodate the proposed use. The proposed trellises will cover bird aviaries, which are located within the required rear and side yard setback areas The birds kept in these aviaries will affect neighbors and their enjoyment of their property as indicated to City Staff by many of the surrounding neighbors As proposed, the lot is not suitable to accommodate the subject use since the birds can be very loud and do affect neighboring homes and properties 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 records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby denies, without prejudice, Variance and Exotic Animal Permit for two (2) 9 -foot trellises located within the rear and side yard setback areas on the lot and for five (5) exotic birds located in bird aviaries at the rear of the lot. P.C. Resolution No 2002-25 Page 2 Denied and Adopted this 27th day of August 2002, by the following vote AYES Jon Cartwright, Tom Long, Craig Mueller, Clara Duran Reed, David Tomblin, Susan Cote, Frank Lyon ABSTENTIONS, ABSENT Joel bojas lPN Dire for of Pla i, Building and Code Enforcement; and, retary to the nning Commission y � L'Z S Cartwright, P.0 Resolution No. 2002- 25 Page 3