PC RES 1999-0104
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING, WITHOUT
PREJUDICE, VARIANCE NO. 438, ENCROACHMENT PERMIT
NO. 30, GRADING PERMIT NO. 2090 AND APPROVING SITE
PLAN REVIEW NO. 8357, HEREBY DENYING THE PROPERTY
OWNER'S REQUEST TO ALLOW FOR THE LEGALIZATION OF
A 1,545 SQUARE FOOT ADDITION TO AN EXISTING SINGLE-
FAMILY RESIDENCE, A 7' HIGH FRONT YARD PRIVACY WALL
WITHIN THE PUBLIC RIGHT-OF-WAY, UNPERMITTED
HARDSCAPE WITHIN THE REQUIRED FRONT YARD
SETBACK, A PORTABLE SHED, POOL EQUIPMENT AND 614
CUBIC YARDS OF UNPERMITTED GRADING AND RETAINING
WALLS AND APPROVING A METAL PATIO COVER.
WHEREAS, on September 9, 1999 the property owner's (Dr Eric Chan)
representative, J L Jackson of Licenses and Permits, submitted applications for
Variance No 438, Encroachment Permit No. 30, Grading Permit No. 2090 and
Site Plan Review No 8357, requesting approvals for an unpermitted 1,545
square foot addition to an existing single-family residence, a 7' high privacy wall
within the public right-of-way, unpermitted hardscape that exceeds the 50% front
yard open space requirement, an unpermitted metal patio cover, a portable shed
and pool equipment within the required interior side yard setback, and 614 cubic
yards of unpermitted grading and a series of retaining walls ranging between 3'
and 8' in height.
WHEREAS, on February 25, 1999 the subject application was deemed
complete by Staff.
WHEREAS, on March 24, 1999 the required public notice was mailed out
to property owners within a 500' foot radius of the subject property informing
them of the proposed project and the scheduled public hearing Furthermore, a
notice was published in the Palos Verdes Peninsula News on March 27, 1999
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, Tale 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 No 438,
Encroachment Permit No 30, Grading Permit No 2090 and Site Plan Review
No. 8357 would have a significant effect on the environment and, therefore the
proposed project has been found to be categorically exempt (Class 1, Section
15301((e)(1)), and
PC RESOLUTION NO 99-10
PAGE 1 of 5
PLANNING COMMISSIAESOLUTION
VARIANCE NO. 438
ENCROACHMENT PERMIT NO. 30
GRADING PERMIT NO. 2090
SITE PLAN REVIEW NO. 8357
27808 PALOS VERDES DRIVE EAST
I
WHEREAS, after notices issued pursuant to the requirements of Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on April 13, 1999, 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
VARIANCE
Section 1: The project site is not subject to any unique or extraordinary
circumstances or conditions which do not apply generally to other properties in
the RS -2 zoning district that would warrant a Variance to exceed the maximum
structure size, required setbacks and open space requirements in that the project
site is not substantially different from other lots within the immediate
neighborhood in terms of size, shape and topography that warrants a hardship
Section 2: The project site is not unique in character and is not subject
to a physical hardship that warrants relief from the strict application of the
Development Code and would therefore be considered a special privilege in that
other property owners in the same zoning district would not have the same rights
Section 3: The proposed project will be materially detrimental to the
public welfare and injurious to property and improvements within the immediate
area in that the character of the neighborhood would be significantly altered if the
applicant's request was granted
ENCROACHMENT PERMIT
Section 4: The proposed wall in the public right-of-way is not in the
City's best interest in that it fortifies the subject property from Palos Verdes Drive
East, which is unlike any other property within the immediate neighborhood, and
exceeds the permitted height of 42" which is not within the character of the
surrounding neighborhood
Section 5: The proposed wall which encroaches into the public right-of-
way is detrimental to public health and safety in that the 7' high wall is located in
close proximity to a major arterial road creating an inadequate separation
between the road and the subject wall for pedestrian use
PC RESOLUTION NO 99-10
PAGE 2 of 5
PLANNING COMMISSIAESOLUTION
VARIANCE NO. 438
ENCROACHMENT PERMIT NO. 30
GRADING PERMIT NO. 2090
SITE PLAN REVIEW NO. 8357
27808 PALOS VERDES DRIVE EAST
Section 6: The subject wall can be located on private property without
encroaching into the City's right-of-way in that the subject property is large
enough to accommodate a privacy wall along the front property line.
Section 7: The subject wall has not been designed in the safest manner
in that wall would be safer if located further away from the road and at a much
lower height that the requested height of 7' Furthermore, the subject wall was
constructed without City approvals and permits
GRADING
Section 8: The proposed grading exceeds that which is necessary for
the permitted primary use of the lot in that there are no unique conditions with the
subject property that warrant grading on a 2.1 slope and that the subject property
has ample amount of relatively flat area to accommodate any development
Section 9: The subject grading does not minimize disturbance to the
natural contours and finished contours in that the proposed grading is located on
a slope that is immediately adjacent to a natural drainage channel and any
alteration to the contours will directly impact the drainage pattern of the subject
property Furthermore, the subject grading dramatically alters the natural
contours of the subject property which is not deemed unnecessary for the
primary use of the property.
Section 10: The subject grading does not take into account the
preservation of natural topographic features and appearances by means of land
sculpturing so as to blend any man-made or manufactured slope into natural
topography in that the subject slope has been completely excavated and tiered
with the construction of concrete slabs and stairs that do not blend with natural
contours of the slope.
Section11: The subject grading does not conform to the standards set
forth in the Development Code pertaining to grading on slopes, height of cut/fill
and retaining walls in that Section 17.76 040 E 9 e of the Development Code
states that one (1) upsloping retaining wall may be permitted provided that the
wall does not exceed eight (8) feet in height and as proposed there are at least
four (4) separate walls along the subject slope
PC RESOLUTION NO. 99-10
PAGE 3of5
PLANNING COMMISSI ESOLUTION 4110
VARIANCE NO. 438
ENCROACHMENT PERMIT NO. 30
GRADING PERMIT NO. 2090
SITE PLAN REVIEW NO. 8357
27808 PALOS VERDES DRIVE EAST
SITE PLAN REVIEW
Section 12: The request for the Site Plan Review can be granted in that
the proposed metal patio cover complies with the criteria established in the City's
Development Code for an RS-2 zoning district.
Section 13: 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 14: For the foregoing reasons based on the information and
findings included in the Staff Report, Minutes, and other record of proceeding,
the Planning Commission of the City of Rancho Palos Verdes hereby denies,
without prejudice, the proposed project consisting of Variance No. 438,
Encroachment Permit No. 30, Grading Permit No. 2090 denying the unpermitted
construction of a 1,545 square foot addition to an existing single-family
residence, a 7' high privacy wall within the public right-of-way, unpermitted
hardscape that exceeds the 50% front yard open space requirement, , a portable
shed and pool equipment within the required interior side yard setback, and 614
cubic yards of unpermitted grading and a series of retaining walls ranging
between 3' and 8' in height and approving Site Plan Review No. 8357 allowing a
metal patio cover.
PASSED, APPROVED, AND ADOPTED this 13th day of April, 1999, by the
following vote:
AYES: Alberio , Cartwright , Clark, Lyon, Paris , Slayden,
Vannorsdall
NOES: NONE
ABSENTATION: NONE
ABSENT: NONE
P.C. RESOLUTION NO. 99-10
PAGE 4 of 5
PLANNING COMMISSIO. RESOLUTION
VARIANCE NO. 438
ENCROACHMENT PERMIT NO. 30
GRADING PERMIT NO. 2090
SITE PLAN REVIEW NO. 8357
27808 PALOS VERDES DRIVE EAST
e,
Joel Rdias, AICP
Director Plannin L,B. Iding
AQq C I
,ode Enforce and,
Secretary to the Planning Commission
Jon S. Cartwright
Chairman
P C. RESOLUTION NO. 99-10
PAGE 5 of 5