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PC RES 2008-006 P.C. RESOLUTION NO. 2008-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PAL OS VES DENYING WITHOUT PREJUDICE AN ENCROACHMENT PERMIT (PLANNING CASE NO. ZON2007-00591) FOR A 36-TO 42-INCH-TALL, 14.25-FOOT-LONG GARDEN WALL IN THE PUBLIC RIGHT- OF-WAY ABUTTING 2726 SAN RAMON DRIVE WHEREAS, on April 18, 2000,the City Council adopted the most recent revisions to City Council Policy No. 31, which establishes procedures for the review of various encroachments to the City's public rights-of-way; and, WHEREAS, on August 27, 2007, the applicant, Joseph Dorian, obtained Planning "approval" of a 36-to 42-inch-tall, 14.25-foot-long garden wall purportedly within the front yard setback area of his property, although it was later determined on August 30, 2007, that the wall would actually be located within the public right-of-way, and the Planning "approval' was summarily revoked; and, WHEREAS, on December 4, 2007,the City received a complaint that the applicant was preparing to construct a wall within the public right-of-way abutting his property at 2726 San Ramon Drive, and a "stop work" order was issued; and, WHEREAS, on December 5,2007,the applicant submitted an encroachment permit application (Planning Case No. ZON2007-00591)to the Department of Planning, Building and Code Enforcement, requesting approval of a 36-to 42-inch tall, 14.25-foot-long garden wall within the public right-of-way abutting his property at 2726 San Ramon Drive; and, WHEREAS, the application for Planning Case No. ZON2007-00591 was deemed complete for processing on January 4, 2008; 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), Staff found no evidence that the denial of the requested encroachment permit would have a significant effect on the environment and,therefore,the proposed project has been found to be statutorily exempt (Section 15270); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code and City Council Policy No. 31,the Planning Commission held a duly-noticed public hearing on January 22, 2008, 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 makes the following findings of fact with respect to the application for an encroachment permit for a 36-to 42-inch-tall, 14.25-foot- long garden wall within the public right-of-way abutting 2726 San Ramon Drive: A. The encroachment is detrimental to the public health and safety, and the Director of Public Works has made a written determination that the encroachment poses a hazard to pedestrians; and further that other requirements for issuance of a Public Works Department encroachment permit cannot be met. The Director of Public Works concludes that the proposed 31-inch width of the sidewalk between the curb and the end of the proposed wall "is substandard, unsafe and not in compliance with ADA ["Americans with Disabilities Act"] requirements." The Director of Public Works suggests that, at a minimum, the proposed wall should provide at least seven feet (7'-0") of horizontal clearance from the curb "to provide space for pedestrians, [persons] with disabilities and [public] utilities." B. The encroaching structure can be reconfigured or relocated to adhere to the criteria set forth for a Planning Director-level review without imposing practical difficulties or unnecessary hardship upon the applicant. The applicant desires to extend the wall to the same distance from the curb as the existing wall along the frontage of his property (i.e., roughly thirty-one inches [31"]). The applicant's stated purpose in proposing this wall is "[to] discourage future encroachments and unauthorized parking on our property." As an alternative to the applicant's proposal, which would encroach nearly twelve feet three inches (12'-3") into the public right-of-way, the length of the wall could be shortened so as to extend no more than six feet (6'-0") into the public right-of-way, which would be consistent with the criteria for Planning Director-level review. Under this scenario, the furthest extent of the wall would be nearly nine feet (9'-0") back from the curb. The Director of Public Works has suggested that any structure within the public right-of-way should be located no less than seven feet (7'-0") back from the curb. Therefore, the Planning Commission finds that a wall that encroaches less into the public right-of-way would provide a reasonable compromise between the applicant's desires and the Public Works Department's requirements. Section 2: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following January 22, 2008, the date of the Planning Commission's final action. Section 3: 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 without prejudice an P.C. Resolution No. 2008-06 Page 2 of 3 encroachment permit(Planning Case No. ZON2007-00591)for a 36-to 42-inch-tall, 14.25- foot-long garden wall in the public right-of-way abutting 2726 San Ramon Drive. PASSED, APPROVED, AND ADOPTED this22 nd day of January 2008, by the following vote: AYES: Commissioners Knight, Lewis, Ruttenberg, Tetreault and Tomblin, Vice Chairman Perestam and Chairman Gerstner NOES: none ABSTENTIONS: none ABSENT: none RECUSALS: none Bill Gerstner Chairman Joe o as, Alc nH� I PI teto of I ni Building C) Vg an de En ement; and, Secretary to the Planning Commission M:\Projects\ZON2007-00591 (Dorian,2726 San Ramon Dr)\20080122—Reso—PC.doc P.C. Resolution No. 2008-06 Page 3 of 3