PC RES 2003-036Nwwv ,
P.C. RESOLUTION NO. 2003-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING VARIANCE
(CASE NO. ZON2003-00295) A REQUEST TO ALLOW AN
EXISTING 6'-1" HIGH COMBINATION OF RETAINING WALL
AND RAILING TO REMAIN WITHIN THE FRONT YARD
SETBACK AT 29671 NORTH ENROSE AVENUE.
WHEREAS, on June 5, 2003 an application for Variance (Case No.
ZON2003-00295) was submitted to the Planning Department to legalize an
existing 6'-1" high combination retaining wall and railing located within the front
yard setback; and,
WHEREAS, on July 2, 2003 the subject application was deemed complete
for processing by Staff, and,
WHEREAS, on July 10, 2003 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 July 12, 2003 ; and,
WHEREAS, pursuant to the provision of the California Environmental
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. ZON2003-00295) 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 July 30, 2003, 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 there
are no special circumstances which unreasonably restrict the applicant's ability to
develop the property in conformance with City Development regulations and the
P.C. Resolution No 2003-36
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applicant may build walls up to 42" in height, as allowed by the Development
Code
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.
Section 3: That approval of the Variance will cause materially
detrimental effects on surrounding properties, in that a tall wall and railing
combination adjacent to the public right of way will have a negative visual impact
on the neighborhood as it will contrast with the open front yards and walls 42" or
less found predominantly in the neighborhood.
Section 4: That the Variance request is contrary to the goals and
policies of the General Plan because it is the goal of the City of Rancho Palos
Verdes to enhance the visual character and physical quality of existing
neighborhoods (General Plan, page 56) The height and style of the hand railing,
although decorative, is not found in the neighborhood, and therefore does not
enhance, but detracts from the visual character of the neighborhood.
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 ZON2003-00295), thereby denying the after the fact approval
of an existing 6'-1" high combination of retaining wall and railing within the front
yard setback area at 29671 North Enrose Avenue
P C. Resolution No. 2003-36
Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 30th day of July, 2003, by the
following vote:
AYES: Commissioners Tomblin, Lyon, Cartwright, and Chairman Long
NOES: None
ABSTENTIONS: None
ABSENT: Commissioners Cote and Duran Reed, and fide/Chair Muell
Joel qojas 'AI
M C
n rec r of Plan in ,Building
Co
n Code Enforcement; and,
Secretary to the Planning Commission
Thomas Long
Chairman
P.0 Resolution No. 2003-,16
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