PC RES 2008-019 P.C. RESOLUTION NO. 200 -19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING AN ENCROACHMENT AND
SIGN PERMIT TAN IDENTIFICATION MO UMENT SIGN IN THE
LANDSCAPED MEDIAN OF HIGHRIDGE ROAD, WHERE IT
INTERSECTS WITH CREST ROAD ( CASE NO. N28®00050).
WHEREAS, on January 30, 2008, the applicant submitted the Encroachment and Sign
Permit applications, requesting to construct a 32 square foot, 4 foot high by 8 foot wide stone
monument identification sign to be located in the median intersection of Crest Road and
Highridge Road; and,
WHEREAS, on May 8, 2008, 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 65962.5(f) (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 May 27, 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 HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project is an 8' wide, 4' tall, 32 square foot stone
monument identification sign in the public right-of-way median near the intersection of Crest
Road and Highridge Road.
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 with certain conditions;
and further that all other requirements for issuance of a Public Works Department
encroachment permit are met.
Section 3e 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 consistent 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
P.C. Resolution No. 2008-19
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manner and verified that minimizes impacts to neighboring properties or vehicular traffic, and
prevents direct 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 4' in overall height. Further,
it will not encroach into any view frames from surrounding properties or the public right-of-way.
Section 7s 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, June 11,
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 June 11, 2008.
Section a 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. ZON2008-00050 for an Encroachment and Sign
Permit, subject to the conditions set forth in the attached 'Exhibit A' (Case No. ZON2008-00050)
and made a part hereof, which are necessary to protect the public health, safety, and welfare.
PASSED, APPROVED AND ADOPTED this 27th day of May 2008, by the following vote:
AYES: Commissioners Knight, Ruttenbert, Tomblin, Vice Chairman Lewis and
Chairman Perestam
NOES: None
RECUSALS: None
ABSTENTIONS: None
ABSENT: Commissioners Gerstner and Tetreault
Step en Perestam,
Chairman
Joel of s, AICP
Dire for f Planni , Building
and a Enforc ent; and,
Secretary of the Planning Commission
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EXHIBIT "A"
CONDITIONS F APPROVAL
Case No. N 08-00050 (EP & SP)
Crest Road & Hii hrid a Road
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 applicant 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.
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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 Permit
10. This Encroachment and Sign Permit allows for the construction of a 4' tall, 8' wide
monument sign in the landscaped median at the intersection of Crest Road and
Highridge Road. The 32 square foot monument sign is to be located 3'-0" south of the
existing light post, on the north side of the median where Highridge Road intersects
Crest Road.
11. The maximum overall height of the identification sign, including the attached pillar, is
limited to F-11", as measured from the adjacent grade, and the maximum width is
limited to 9'-6".
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.
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