PC RES 2009-007 P.C. RESOLUTION NO. 2009-07
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO P L S VERDES APPROVINGAN ENCROACHMENT T
ALLOW AFTER-THE-FACT CONSTRUCTION OF A 36" TALL
STAINING WALL ALONG THE NORTH SIDE OF THEEXISTING
DRIVEWAY AND A NEW 24" DEEP DRAINAGE SWALE T
ENCROACH 12'-0" INTO THE PUBLIC RIGHT-OF-WAY IN FRONT OF
PACKET ROAD (CASE NO. ON2 -00061)9
WHEREAS, on February 10, 2009, the applicant submitted the Encroachment Permit
application, requesting to allow after-the-fact construction of a 36" tall retaining wall along the
north side of the existing driveway within the public right-of-way and to allow after-the-fact
construction of a 24" deep drainage swale within the public right-of-way, in front of 5 Packet
Road; and,
WHEREAS, on February 17, 2009, 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 Encroachment 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 February 24, 2009, 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 allows after-the-fact construction of a 36" tall
retaining wall along the north side of the existing driveway to encroach 12'-0" into the public
right-of-way and also allows after-the-fact construction of a 24" deep drainage swale to
encroach 12'-0" into the public right-of-way in front of 5 Packet 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; and further that all other
requirements for issuance of a Public Works Department encroachment permit are met.
Section 3s The encroaching structure cannot be reconfigured or relocated due to
practical difficulties or unnecessary hardship, as it would inhibit safe ingress and egress to the
single-family residential property and would defeat the purpose of collecting and directing water
from the residential property to the public right-of-way.
Section 4. The encroaching structure is consistent with the general intent of the
Development Code since the construction of retaining walls and drainage swales are common
practice within the City.
P.C. Resolution No. 2009-07
Page 1 of 4
Section 5; The encroaching structure will not significantly impair a protected view
due to the topography of the area and the height and configuration of the new retaining wall and
drainage swale.
Section m 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, March 11,
2009. 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 March 11, 2009.
Section 7. 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. ZON2009-00051 for an Encroachment Permit, subject
to the conditions set forth in the attached `Exhibit A' (Case No. ZON2009-00051) and made a
part hereof, which are necessary to protect the public health, safety, and welfare.
PASSED, APPROVED AND ADOPTED this 24th day of February 2009, by the following vote:
AYES: COMMISSIONERS KNIM, PERESTAH, RUTTENBERG, TETREAULT AND CMIRKMLEWIS
NOES: NONE
RECUSALS: 14ONE
ABSTENTIONS: NONE
ABSENT: COMISIONERS GERSTNER AND To LIN
r y 4Le ,
Chairma
Joel Ras, ICP
Directdr of Iplannin , B ilding
and Cde nforcement; and,
Secreta of the Planning Commission
P.C. Resolution No. 2009-07
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EXHIBIT "A"
CONDITIONS F APPROVAL
Case No. Z 2009-00051 (EP)
Packet 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 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.
7. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
8. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Public Works Department and the Building and Safety
Division.
P.C. Resolution No. 2009-07
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Encroachment Permit
1. Prior to construction of the new retaining wall with a maximum height of 36" and new 24"
deep drainage swale, the owner shall submit to the City an "Indemnification and Hold
Harmless" agreement for recordation subject to, the satisfaction of the Public Works
Department and City Attorney.
2. Prior to construction of the 36" tall retaining wall and 24" deep drainage swale, 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
including for purposes of relocating any utility lines within the public right-of-way, 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.
3. Prior to construction of the retaining wall or drainage swale, 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.
4. The encroachment 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.
5. 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.
6. The applicant shall comply with all recommendations and requirements, if any, required
by the City's Director of Planning, Building and Code Enforcement, Planning
Commission, Traffic Committee or Traffic Engineer.
7. The property owner shall assume all responsibility for the maintenance and
improvements for the new 36" tall retaining wall and 24" deep drainage swale installed
within the public right-of-way. Said improvements shall be maintained in good condition
at all times.
8. The property owner shall obtain written approval from Cal Water stating that the location
of the drainage swale outlet does not impact existing water meters and that the Water
Company is not opposed to the location chosen by the property owner and depicted on
the City-approved plans.
P.C. Resolution No. 2009-07
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