CC RES 2017-016 RESOLUTION NO. 2017-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING AN APPEAL AND
UPHOLDING THE PLANNING COMMISSION'S
APPROVAL OF A FENCE/WALL PERMIT FOR A 6'-TALL
WALL ALONG THE EASTERLY SIDE PROPERTY LINE OF
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 6'-high freestanding solid wall along the east side
property line; and,
WHEREAS, on October 25, 2016, the Community Development Director
conditionally approved the Fence/Wall Permit based on a determination that there would
be no significant view impacts as a result of the proposed 6'-tall wall on the Applicants'
property and issued a Notice of Decision (Z0N2016-00475); and,
WHEREAS, on November 9, 2016, a timely appeal of the Fence/ Wall Permit
(Case No. ZON2016-00475) was filed by the owners of the abutting easterly property at
30937 Cartier Drive, Chandru and Bina Sujan; and,
WHEREAS, on January 24, 2017, the Planning Commission held an appeal
hearing and adopted P.C. Resolution No. 2017-02, unanimously denying the appeal and
upholding the Director's approval of the Fence/Wall Permit for the 6'-tall wall at 30931
Cartier Drive; and,
WHEREAS, on February 8, 2017, a timely appeal of the Fence/Wall Permit (Case
No. ZON2016-00475) was filed by the Sujans; and,
WHEREAS, on March 30, 2017, a public notice was mailed to property owners
within a 500-foot radius of the subject property and published in the Peninsula News,
pursuant to the requirements of the Rancho Palos Verdes Development Code; 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), the proposed project has been found to be categorically exempt
under Class 3 (Section 15303); and,
WHEREAS, on April 18, 2017, the City Council 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 CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council hereby denies the appeal and upholds the Planning
Commission's approval to conditionally allow the construction of a 6'-tall freestanding
solid wall that extends 52' in length, as measured beyond the 20' 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 wall
running along the easterly (side) property line. The Applicants' 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 no foliage on the Applicants' lot which exceeds 16' in height 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 wall complies with all applicable standards and requirements of
the Rancho Palos Verdes Municipal Code and General Plan.
Section 2: The City Council hereby finds that the grounds raised by the
Appellants to deny the Fence/Wall Permit concern property damage claims, which are a
civil matter between the two property owners and do not fall under Planning Division's,
Planning Commission's or City Council's purview. Furthermore, the Appellants' claims
regarding earthwork on the Applicants' property are unfounded, as the excavation of wall
footings are exempt from a Grading Permit; no natural drainage channels or watercourses
are affected by the proposed excavation; and the proposed excavation is not for the
purpose of enhancing soil stability or addressing geotechnical hazards due to natural
issues. Lastly, the Applicants have provided an updated land survey of the subject
property that provides clarification and a scale detail on the distance of the proposed wall
to the easterly side property line. The updated survey has also eliminated non-relevant
information with respect to the Appellants' property as this information is not required for
Resolution No.2017-16
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the issuance of a Fence/Wall Permit on the Applicants' property.
Section 3: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
Section 4: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure or other applicable short periods of limitation.
PASSED, APPROVED and ADOPTED this 18th day of April 2017.
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I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2017-16, was duly an. -•ularly passed and adopted by the
said City Council at a regular meeting thereof h= d o April 18, 2017.
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Resolution No.2017-16
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EXHIBIT A
RESOLUTION NO. 2017-16
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, 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 wall 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 wall within the 20'-0" front
yard setback along the easterly property line. However, the construction of a wall 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 the revised plans dated received on March
20, 2017, 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 wall 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.
Resolution No.2017-16
Exhibit A
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