PC RES 2017-002 P.C. RESOLUTION NO. 2017-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING AN APPEAL AND UPHOLDING
THE DIRECTOR'S APPROVAL THEREBY CONDITIONALLY
APPROVING A FENCE/WALL PERMIT FOR THE PROPERTY
LOCATED AT 30931 CARTIER DRIVE (CASE NO.ZON2016-00475).
WHEREAS, on September 28, 2016, the City's Code Enforcement Division received a
complaint about the construction of a wall located at 30931 Cartier Drive. The same day, Code
Enforcement Staff informed the property owners of the subject property, Shiego and Mikeo Kadowaki,
that a Fence/Wall Permit may be required for the construction of the proposed wall and that they should
contact the City's Planning Division for further assistance; and,
WHEREAS,on October 5, 2016,the applicant submitted a Fence/Wall Permit application for
the construction of a 52-foot long,6'-0"high,freestanding solid block wall that is designed to follow a"L"
shape alignment, with 12-feet of the solid fence located outside the 20-foot front yard setback running
parallel to the north (front) property line and the remaining 40-feet of the solid fence running along the
easterly(side) property line; and,
WHEREAS,on October 25,2016, based on an assessment of the site particularly as it relates to
a significant view impairment from neighboring properties including the Appellant's property at 30937
Cartier Drive, the Community Development Director conditionally approved the Fence/Wall Permit and
issued a Notice of Decision(ZON2OI6-00475)permitting the construction of the proposed wall at 30931
Cartier Drive; and,
WHEREAS, on November 9, 2016, a timely appeal of the Fence/ Wall Permit (Case No.
ZON2016-00475)was filed by the westerly neighboring property owners residing at 30937 Cartier Drive,
Chandru and Bina Sujan; and,
WHEREAS,on January 5,2017,a Public Notice was mailed to property owners within a 500-foot
radius from the subject property and published in the Peninsula News, providing notice of a public hearing
before the Planning Commission on January 24, 2017; and,
WHEREAS,on January 24,2017,the Planning Commission held a duly-noticed public hearing,at
which time all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: The Planning Commission hereby denies an appeal and upholds the Community
Development Director's Decision to conditionally allow the construction of a 6'-0"freestanding solid block
wall that extends 52'-0"in length,as measured beyond the 20'-0"front yard setback towards the south or
rear of the subject property,along the northerly(front)and easterly(side)property lines.More specifically,
the solid wall is designed to follow a"L"shape alignment,with 12-feet of the solid fence located outside
the 20-foot front yard setback running parallel to the north (front) property line and the remaining 40-feet
of the solid fence running along the easterly (side) property line. The Applicant's request, and the
Director's approval,does not include the construction of a fence within the 20'-0"front yard setback area
of the subject property, whereby structures are limited to 42" in height. The proposed wall meets the
findings required by Section 17.76.030(B)(3)for the issuance of a Fence/Wall Permit as the fence would
not significantly impair a view from the viewing area of another property or a view from public property,
which has been identified in the City's General Plan or Coastal Specific Plan, as a designated viewing
area. In addition, there is not foliage on the Applicant's lot which exceeds 16'-0" or the ridgeline of the
primary structure, whichever is lower, that impairs a view from the viewing area of another parcel, or a
view from the public property which has been identified in the City's General Plan or Coastal Specific
Plan, as a city-designated viewing area.The placement and construction of the fence wall complies with
all applicable standards and requirements of the Rancho Palos Verdes Municipal Code and General Plan.
Section 2:The Planning Commission hereby finds that the points raised by the Appellant are not
under the Planning Division's or the Planning Commission's purview because they specifically relate to
property damage claims, property line disputes and civil code violations.The property damage claims and
property line disputes are a civil matter between the two property owners, which the City does not
regulate. Furthermore,the Appellant's concerns with neighborhood compatibility are not applicable as a
Fence/Wall Permit does not require Staff to assess neighborhood compatibility for the construction of a
freestanding wall.
Section 3: Any interested person aggrieved by this decision or any portion of this decision
may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any
specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15)
calendar days of the date of this decision,or by 5:30 p.m.Tuesday,February 8,2017.A$2,275.00 appeal
fee must accompany any appeal. If no appeal is timely filed,the Planning Commission's decision shall be
final.
Section 4: 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 the appeal and upholds the Director's approval,thereby conditionally
approving the Fence/Wall Permit (Case No. ZON2016-00475) subject to the Conditions of Approval
contained in the attached Exhibit"A".
PASSED, APPROVED, AND ADOPTED this 24th day of January 2017, by the following vote:
AYES: Commissioners Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank,
and Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Commissioner Bradley -
David L. Tomblin,
Chairman
Ara v . 74111r5r7P
Community Development Director
Secretary to the Planning Commission
P.C. Resolution No. 2017-02
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EXHIBIT'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO.ZON2016-00475
(30931 CARTIER DRIVE)
1. The applicant and the property owner shall submit to the City a statement, in writing, that
they have read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within thirty(30)days following the date
of this approval shall render this approval null and void.
2. The applicant shall indemnify, protect, defend, and hold harmless,the City, and/or any of its
officials, officers, employees, agents, departments, agencies, and instrumentalities thereof,
from any and all claims, demands, lawsuits, writs of mandamus, and other actions and
proceedings(whether legal, equitable, declaratory, administrative or adjudicatory in nature),
and alternative dispute resolutions procedures (including, but not limited to arbitrations,
mediations, and other such procedures) (collectively "Actions"), brought against the City,
and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
the action of, or any permit or approval issued by,the City and/or any of its officials, officers,
employees, agents, departments, agencies, and instrumentalities thereof(including actions
approved by the voters of the City), for or concerning the project.
3. Approval of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless
otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
4. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code or administrative citations as described in
Section 1.16 of the City's Municipal Code.
5. If the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within 180 days of the final effective date of this decision, approval of
the project shall expire and be of no further effect unless, prior to expiration, a written
request for extension is filed with the Community Development Department and approved by
the Director.
6. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard shall
apply.
7. The construction site and adjacent public and private properties and streets shall be kept
free of all loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but not be limited to:
the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth,
P.C. Resolution No. 2017-02
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salvage materials, abandoned or discarded furniture,appliances or other household fixtures.
8. The construction site and adjacent public and private properties and streets shall be kept
free of all loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but not be limited to:
the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth,
salvage materials, abandoned or discarded furniture,appliances or other household fixtures.
9. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Mondays through
Fridays, and 9:00 AM to 5:00 PM on Saturdays, with no construction activity permitted on
Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes
Development Code. Trucks and other construction vehicles shall not park, queue and/or
idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated above.
10. This approval is for a 6'-0" high solid block fence that extends 52'-0" in length, as measured
from the 20'-0" front yard setback line towards the south or rear of the subject property,
along the easterly property line.
11. The applicant's request does not include the construction of a fence within the 20'-0"front
yard setback along the easterly property line. However,the construction of a fence within the
subject property's front yard setback would be limited to 42" in height.
12. Construction of the approved project shall substantially comply with the plans originally
stamped APPROVED on October 21, 2016, and with the RS-2 zoning district and site
development standards of the Rancho Palos Verdes Development Code.
13. The Director determined that the approved 6'-0" solid block fence does not cause a
significant view impairment from the viewing area (main living area) of the only potentially
affected property located at 30937 Cartier Drive, and thus the fence/wall permit can be
approved per RPVDC Section 17.76.030.B.2.a.
P.C. Resolution No. 2017-02
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