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PC RES 2008-046 P.C. RESOLUTION NO. 2008-46 A RESOLUTION OF THE PLANNING COMMISSION OFT E CITY OF RANCHO PALOS VE ES APPROVING AN ENCROACHMENT PERMIT AND GRADING PERMIT FOR AN AFTER-THE-FACT PLANTER CONSTRUCTED 7 FEET INTO THE PUBLIC RIGHT-OF- WAY OF SAN RA ON DRIVE AND AN AFTER-THE-FACT RETAINING ALL IN THE FRONT YARD OF 2732 SAN RAMON DRIVE (Z N00 - 00285). WHEREAS, on June 5, 2008, an application was submitted for an Encroachment permit requesting the approval of an existing planter built 7 feet into the public right-of-way of San Ramon Drive and a Grading permit requesting the approval of a non-permitted 5'-9" tall retaining wall in the front yard of the property located at 2732 San Ramon Drive; and, WHEREAS, on October 16, 2008, staff deemed the Encroachment and Grading Permit applications 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 Encroachment Permit and Grading Permit 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 November 11, 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 request is for approval of an existing non-permitted planter that encroaches 7 feet into the public right-of-way and an existing non-permitted 5'-9" tall retaining wall in the front yard of the subject property. 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 3e The encroaching structure cannot be reconfigured or relocated due to practical difficulties or unnecessary hardship, as it would be costly for the homeowner to relocate the existing planter and the Public Works Director has determined that the planter does not pose an issue to public health or safety. Section 4: The encroaching structure is not inconsistent with the general intent of the Development Code since is found to not be detrimental to the public health and welfare by the Public Works Director and would could have been built by-right if located entirely on the subject property, exclusive of the lighting feature. P.C. Resolution No. 2008-46 Page 1 of 5 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 illumination of neighboring properties or public right-of-way. Section 6: The encroaching structure will not significantly impair a protected view due to the placement of the planter along the public right-of-way and surrounding properties only have views from the rear yard. As such, it will not impair any view from surrounding properties or the public right-of-way. Section 11: That the grading permit is warranted since the amount of grading does not exceed that which is necessary for the permitted primary use of the lot. The subject property is in a RS-2 zoning district, in which the primary use of the lot is a residential structure. The grading for the existing retaining wall allowed for the construction of a driveway that connects the public right-of-way to the indirect access garage. Section 12® That the grading permit is warranted since the existing retaining wall is constructed downslope of the existing residence, which is located higher than the public right-of- way, and therefore would not impact the views from neighboring properties any more than what would exist without the retaining wall. Section 1 : That the grading permit is warranted since the "natural" contours of the subject property are largely the result of past mass grading and the existing retaining wall follows the sloping grade of the lot, maintaining the pad level for the residence, while allowing a curved driveway that provides access for the in-direct garage to the public right-of-way. Section 14: That the grading permit is warranted since the grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. The area proposed for grading does not include natural contours. Section 15; That the grading permit is warranted since the grading would not have caused excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. There is no natural vegetation on the subject property. Section 16: That the grading permit is warranted since the grading conforms to the City's standards for creation of new slopes, grading on restricted areas and maximum driveways steepness. Section 17: That the grading permit is warranted since the grading that did occur on a slope exceeding thirty-five percent occurred on a property created prior to city incorporation on November 25, 1975; the property is not zoned for open space/hazard; and the grading is believed to not threaten the public health, safety and welfare because it is an existing structure that and will be required to obtain all necessary Building permits to the satisfaction of the Building and Safety Department standards. Section 18; That the grading permit is warranted since the 5'-2" tall cut can exceed the 5'-0" maximum depth of fill or cut because previous grading which occurred for the development of the lot makes the 5'-2" tall cut reasonable for an appropriate turning radius and driveway into the garage. P.C. Resolution No. 2008-46 Page 2of5 Section 19: That the grading permit is warranted to exceed the maximum five foot tall upslope retaining wall adjacent to the driveway because: the other required grading criteria have been satisfied; the grading conducted allows appropriate access from the public right-of- way to the garage in a manner that is consistent with the City's purposes for grading; the conducted grading does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity as other properties have been found to have structures similar to that of the subject retaining wall; the grading conducted will not be detrimental to the public safety nor to other property as all necessary Building permits will be required to be obtained to the satisfaction of the Building and Safety Department standards; and notice of decision will be given to the applicant, homeowner and all owners of the adjacent properties to the subject property. Section 20: 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 Monday, December 1, 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 December 1, 2008. Section 18: For the foregoing reasons and based on the information and findings included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves the Encroachment Permit and Grading Permit applications, subject to the conditions set forth in the attached `Exhibit A' (Case No. ZON2008-00285). PASSED, APPROVED AND ADOPTED this 11th day of November 2008, by the following vote: AYES: Commissioners Gerstner, Knight, Ruttenberg, Tetreault, Tomblin, Vice Chairman Lewis, Chairman Perestam NOES: None RECUSALS: Nine ABSTENTIONS: None ABSENT: None Step en Perestam, Chairman Joeloja , AICP Dire for Plannin ilding and o Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2008- 46 Page 3 of 5 Exhibit "A" Conditions of Approval Case No. Z 200 -00285 (EPS ) 2732 San Ramon Drive General 1. Approval of this Encroachment Permit and Grading 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 1 year 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 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 project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 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. 2008-46 Page 4 of 5 Encroachment Permit 9. This Encroachment Permit allows for the after-the-fact construction of a planter that extends 7 feet into the public right-of-way. 10. The maximum height of the planter shall not exceed the existing height of 5'-1" tall, including the existing lighting fixture. 11. The existing planter shall maintain a minimum of 7 feet clearance from the public right- of-way curb. 12. Prior to submittal for building permits, the owner shall submit to the City an "Indemnification and Hold Harmless" agreement for recordation, to the satisfaction of the City Attorney. 13. Prior to submittal for building permits, 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. 14. Prior to submittal for building permits, the owner shall obtain an Encroachment Permit from the Department of Public Works. The owner shall be responsible for any fees associated with the issuance of said permit. 15. The encroachment shall remain in accordance with the approved plans, and the owner shall comply with all conditions and requirements that are imposed on the project. 16. Prior to submittal for building permits, 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 benefitted 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. 17. The applicant shall comply with all recommendations and requirements, if any, required by the City's Planning Commission, Traffic Committee, or Traffic Engineer. Grading Permit 18. This Grading Permit allows for the after-the-fact construction of a 5'-9" tall retaining wall in the front yard of the subject residence. 19. The existing fence in the front yard shall be located a minimum of 3 feet from the existing retaining wall and shall be reduced so as not to exceed the height of 42 inches. Reduction of the existing fence height shall occur prior to building permit final of the retaining wall. P.C. Resolution No. 2008-46 Page 5of5