PC RES 2005-017 P.C. RESOLUTION NO. 2 -17
RESOLUTION F THE PLANNINGCOMMISSION F THE CITY OF
RANCHO PALOS VERDEVERDES APPROVING CASE . 2005® 0095,AN
ENCROACHMENT PEIT TO INSTALL TOTAL FTEN, 4'® " HIGH
PILASTERS WITHIN 4'-0" HIGH WROUGHT IRON FENCING I
BETWEEN, IN THE MEDIAN OF THE PALOS VERDES DRIVESOUTH
FRONTAGE T SCHOONER DRIVE.
WHEREAS, on October 5, 2004, the Sea Vier Homeowners Association was
awarded a recycling grant from the City's Public Works Department for the construction of
pilasters and wrought iron fencing within the City's public right-of-way; and,
WHEREAS, on February 28, 2005, Tim Surrel, representing the Sea View
Homeowners Association, submitted the necessary Encroachment Permit application for
the proposed improvements in the public right-of-way; and,
WHEREAS, on Larch 29, 2005, Staff deemed the project 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 Regulation, Title 14, Section 15000 at. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that ZON2005-00095 would have a significant effect
on the environment and, therefore,the proposed project has been found to be categorically
exempt under Class 3 (Section 15303) since the project involves the construction of
fencing; and,
WHEREAS, on April 26, 2005, the Planning Commission considered the item at a
public meeting.
NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1 e The encroachment is not detrimental to the public health/welfare, and
that the Public Works Director has made a written determination that the encroachment
does not pose a hazard to vehicular traffic, pedestrians, or equestrians; and further that all
other requirements for issuance of a Public Works Department encroachment permit are
met.
Section 2: The encroaching structure can not be reconfigured or relocated due to
practical difficulties or unnecessary hardship, as it would defeat the purpose of constructing
the tract entry improvements
Section 3: The encroaching structure is not inconsistent with the general intent of
the Development Code since the Code allows for subdivision identification signs at the
entrance to developments,while the general purpose and intent is to encourage signs that
improve the appearance of neighborhoods.
Section 4A The encroaching structure will not significantly impair a protected view
due to the topography of the area and the height of the pilasters and fencing since the
residences immediately in front are at a higher elevation and the improvements are
proposed at a height where they will not encroach into the view frames of surrounding
property.
Section 5. 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 approves Case No. ZON2005-
00095 for an Encroachment Permit, thereby allowing pilasters and wrought iron fencing in
the median of the Palos Verdes Drive South frontage road at Schooner Drive,subject to the
conditions contained in Exhibit "A" attached hereto and made a part hereof, which are
necessary to protect the public health, safety, and welfare.
Section 11-. Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 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 May 11, 2005.
PASSED, APPROVED, AND ADOPTED this 26th day of April 20059 by the following vote:
AYES: Gerstner, Golida, Knight, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: Karp, Mueller, Perestam
Paul Y@fireiult
Planning Commission Chairman
Joe'
pja , A'CP
DiretorPlan
n
i g')uilding and
CodeQOrCernet, and, Secretary
to the Planning Commission
P.C. Resolution No. 2005-17
Pagj-2
EXHIBIT 'A'
CONDITIONS OF APPROVAL
ZON2005-00095
(ENCROACHMENT PERMIT)
1 Approval of Case No. ZON2005-00095, is for an Encroachment Permit allowing a
total of ten, 4'-6" high pilasters with 4'-0"high wrought iron fencing in between, in the
median of the frontage road of Palos Verdes Drive South at Schooner. Specifically,
a total of 5 pilasters with wrought iron fencing in between the pilasters to extend a
maximum of 100-feet from the existing pilasters, on either side of Schooner Drive.
2. No signs, poles, electronic or mechanical equipment, or decorative elements shall
be installed, added or attached to the approved pilasters and fencing, or in the
median.
3. The maximum overall height of the pilasters is limited 4'-6", and the maximum
overall height of the wrought iron fencing is limited to 4'-0".
4. No grading, construction or other improvements are approved within the right-of-
way.
5. The project shall be maintained in a manner that substantially conforms to the plans
stamped as approved by the Planning Department with the effective date of this
approval.
6. Prior to installation of the pilasters and wrought iron fencing, a minimum of 50-feet of
the existing vegetation within the existing median in both directions shall be removed
to the satisfaction of the Public Works Department.
7. The pilasters and wrought iron fencing shall not be placed any closer to the face of
the curb along the main roadway of Palos Verdes Drive South than one-half the
width of the median.
8. Prior to construction of the pilasters and wrought iron fencing, the applicant shall
submit to the Planning Department,for approval by the Public Works Department,a
detailed site plan that illustrates the location of the improvements stated in
conditions 5 and 6 above, and that indicates that sight distance will not be adversely
impacted by the proposed improvements.
9. In the event that a Planning requirement and a Public Works Department
requirement are in conflict with one another, the stricter standard shall apply.
10. The applicant shall obtain all required permits from the Public Works Department.
P.C. Resolution No. 2005-17
Page 3
11. Prior to the issuance of a permit from the Public Works Department, the owner shall
submit to the City an "Indemnification and Hold Harmless" agreement for
recordation, to the satisfaction of the City Attorney.
12. Prior to the issuance of a permit from the Public Works Department,the owner shall
submit to the City a Use Restriction Covenant for recordation, agreeing to remove
the encroachment within ten (10) days of notice given by the Director of Public
Works, except in case of an emergency where less notice may be required. The
owner shall also acknowledge that failure to remove the encroachment within the
specified time will result in removal of the structure by the City, and that the owner
shall be billed by the City for the costs of removal of the encroaching structure.
13. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans or any of the conditions if such
modifications shall achieve substantially the same results as would strict compliance
with said plans and conditions.
P.C. Resolution No. 2005-17
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