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PC RES 2008-004 P.G. RESOLUTION NO. 2008-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING AN ENCROACHMENT AN SIGN PERMITT CONSTRUCT A 40 INCH HIGH BY 8 FOOT WIDE IDENTIFICATION SIGN IN THE MEDIAN INTERSECTION O MIRALESTE DRIVE AND VIA G Li IT N2 07-00540)® WHEREAS, on November 11, 2007, the applicant submitted the Encroachment and Sign Permit applications, requesting to construct a 30 square foot, 40 inch high by 8 foot wide stone monument identification sign to be located in the median intersection of Miraleste Drive and Via Colinita; and, WHEREAS, on December 29, 2007, staff deemed the project to be complete; 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 65962.50 (Hazardous Waste and Substances Statement), Staff found no evidence that the Site Plan Review will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, on January 22, 2008, the Planning Commission held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1$ The proposed project is an 8' wide, 40" tall, 30 square foot stone monument identification sign in the public right-of-way median near the intersection of Miraleste Drive and Via Colinita. Section 2. The Encroachment permit 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 d The encroaching structure cannot be reconfigured or relocated due to practical difficulties or unnecessary hardship, as it would defeat the purpose of constructing the identification sign 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 4: 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 5: The illuminating elements of the encroaching structure are configured in a manner that minimizes impacts to neighboring properties or vehicular traffic, and prevents direct P.C. Resolution No. 2008-04 Page 1 of 4 illumination of neighboring properties or public right-of-way. Section 6: 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 proposed project is located in the public right-of-way median at an intersection and only 40" in overall height. Further, it will not encroach into any view frames from surrounding properties or the public right- of-way. Section : The Sign permit is consistent with the criteria established within Municipal Code Section 17.76.050. Section 8: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth 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 PM on Wednesday, February 6, 2008. A $1,344.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on February 6, 2008. Section : For the foregoing reasons and based on the information and findings included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves Case No. ZON2007-00540 for an Encroachment and Sign Permit, subject to the conditions set forth in the attached `Exhibit A' (Case No. ZON2007-00540) and made a part hereof, which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED AND ADOPTED this 22nd day of January 2008, by the following vote: AYES: Commissioners Knight, Lewis, Ruttenberg and Tombling Vice Chairman Perestam and Chairman Gerstner NOES: None RECUSALS: Commissioner Tetreault ABSTENTIONS: None ABSENT: None Bill Gerstner, Chairman Joel ja , AICP Direc r PlanniUguilding and Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2008-04 Page 2 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL Case No. N2 7-00540 (EP & SP) iraleste Drive &Via Colinita General 1. Approval of this Encroachment and Sign 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 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 approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or 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. 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. 6. The encroaching structure shall be constructed and installed in accordance with the approved plans, and the owner shall comply with all conditions and requirements that are imposed on the project. 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 Building & Safety requirement are in conflict with one another, the stricter standard shall apply. P.C. Resolution No. 2008-04 Page 3 of 4 9. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. Encroachment and Sign IPermit 10. This Encroachment and Sign Permit allows for the construction of a 40" tall, 8' wide stone monument sign in the landscaped median at the intersection of Miraleste Drive and Via Colinita. The 30 square foot monument sign is to be located south of the existing round planter, in the same general location of a previous sign that has been removed due to deterioration. 11. The maximum overall height of the identification sign is limited to 40", as measured from the adjacent grade,and the maximum width is limited to 9'-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 applicant 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 applicant shall contact Dig Alert and make sure that the identification sign does not conflict with any facilities (i.e. telephone, cable tv, street lighting, etc.) to the satisfaction of the Public Works Department. 16. Prior to construction of the structure, the applicant 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 applicant 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. 17. Prior to construction of the encroachment, the applicant shall submit to the City a covenant, subject to the satisfaction of the City Attorney, which records these requirements as conditions running with the land, and binding all future owners of the property which is benefited by the encroachment (i.e. underlying right-of-way, adjacent property, or common area owned by a homeowners association, if any), until such time as the encroaching structure is removed from the right-of-way. 18. Upon approval, there will be a 30 day period after installation during which the Director may order the dimming of any illumination found to be excessively brilliant. Illumination shall be considered excessive when it prevents normal perception of objects or buildings beyond or in the vicinity of the sign, or negatively impacts adjacent properties or those traveling along the public right-of-way. 19. The applicant shall comply with all recommendations and requirements, if any, required by the City's Planning Commission, Traffic Committee, or Traffic Engineer. P.C. Resolution No. 2008-04 Page 4 of 4