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PC RES 2006-061 P.C. RESOLUTION NO. 2006-61 A RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO. ZON2006-005409 AN ENCROACHMENT PERMIT TO CONSTRUCT A 32 SQUARE FOOT IDENTIFICATION S! N AT THE LANDSCAPED PARKWAY N COVECREST DRIVE, FACING THE ENTRANCE OF COVERIDGE DRIVE ROADWAY. WHEREAS, on October 3, 2006,the Stoneridge Homeowners Association was awarded a recycling grant from the City's Public Works Department for the construction of an identification sign within the City's public right-of-way; and, WHEREAS, on October 9, 2006, Bo (Max) Bowlus, representing the Stoneridge Homeowners Association, submitted the necessary Encroachment Permit application for the proposed improvement in the public right-of-way; and, WHEREAS, on November 7, 2006, 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 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 ZON2006-00540 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 a sign; and, WHEREAS, on December 12, 2006, the Planning Commission considered the item at a public meeting. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: 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 cannot be reconfigured or relocated due to practical difficulties or unnecessary hardship,as it would defeat the purpose of constructing the tract entry improvements because it will not be readily noticeable. Further, resizing the structure is not practical since an identification sign of 2 square feet in footprint will not be large enough to be legible. 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 the neighborhood. Section 4: The encroaching structure will not significantly impair a protected view due to the topography of the area and the height of the sign since the residence immediately in front is at a P.C. Resolution No. 2006-61 Page 1 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.ZON2006-00540 for an Encroachment Permit, thereby allowing the identification sign in the landscaped parkway on Covecrest Drive at the entryway of Coveridge 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 January 2, 2006. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. PASSED, APPROVED, AND ADOPTED this 12th day of December 2006, by the following vote: AYES: Commissioners Karp, Lewis, Perestam, Ruttenberg, Tetreault, Vice Chairman Gerstner, Chairman Knight NOES: None ABSTENTIONS: None ABSENT: None Jim Kni t, Chair 1. • fit Joel 'jas,A Director of Planning, Bui ding and Code Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2006- 61 Page 2 EXHIBIT "A" CONDITIONS OF APPROVAL Case No.ZON2006-00540 (Encroachment Permit) Covecrest Drive & Coveridge Drive General 1. Approval of this Encroachment Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 2. The approval shall become null and void after 180 days from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's Development Code. This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said, "plan check" or permit is allowed to expire or is withdrawn by the applicant. 3. The applicant/property owner shall submit to the City a statement, in writing that they have read, understand and agree to all conditions of approval listed below. Said statement shall be submitted to the Director of Planning, Building, and Code Enforcement prior to submittal of plans to "plan check" or within ninety(90) days of the effective date of approval, which ever occurs first. Failure to provide said written statement shall render this approval null and void. 4. 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. 5. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No work is permitted on Sundays or legal holidays. 6. 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. 7. The construction site, adjacent public and private properties 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. In the event that a Planning requirement and a Public Works Department requirement are in conflict with one another, the stricter standard shall apply. Encroachment Permit 9. Approval of Case No.ZON2006-00540 is for an Encroachment Permit allowing a 32 square feet identification sign on Covecrest Drive facing the entryway of Coveridge Drive. P.C. Resolution No. 2006- 61 Page 3 Specifically, the identification sign is to encroach 6' into the landscaped parkway and be located 5' south of the existing bench. 10. No signs, poles, electronic or mechanical equipment, or decorative elements shall be installed, added or attached to the approved identification sign. 11. The maximum overall height of the identification sign is limited to 4'-0", and the maximum width is limited to 8'-0". 12. No grading, construction or other improvements are approved within the right-of-way. 13. The applicant shall obtain all required permits from the Public Works Department. 14. 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. 15. Prior to the issuance of a permit from the Public Works Department,the owner shall contact Dig Alert and make sure that the identification sign does not conflict with any facilities (ie. telephone, cable tv,street lighting etc.)to the satisfaction of the Public Works Department. 16. Illumination of the identification sign is not permitted. P.C. Resolution No. 2006- 61 Page 4