PC RES 2009-049 P.C. RESOLUTION NO. 2009-49
A RESOLUTION OF THE PLANNING COMMISSION F THE CITY O
RANCHO PALOS VERDES PPR VING AN ENCROACHMENT
PERMIT FOR AFTER-THE-FACT CONSTRUCTION OF PLANTERS,
PILASTERS AND A WALL NOT MORE THAN 10 FEET INTO THE
PUBLIC RIGHT-OF-WAY OF COVEVIEW DRIVE IN FRONT OF 17
COVEVIE RIVE (Z N2009-00145).
WHEREAS, on April 22, 2009, an application was submitted for an Encroachment
Permit requesting the approval of existing 8" tall planter walls running along the street on either
side of the existing driveway; a 44.5" tall pilaster in the eastern corner of the planter area; a
50.5" tall mail-box pilaster on the east side of the driveway in the planter area; and a 54" tall
pilaster connected to a 36" tall wall along the western side of the existing driveway, all of which
measure 10 feet into the public right-of-way of Coveview Drive in front of the property located at
17 Coveview Drive; and,
WHEREAS, on October 2009, Staff deemed the Encroachment Permit 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. seg., 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 November 10, 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 o The request for approval of an Encroachment Permit for non-permitted 8"
tall planter walls running along the street on either side of the existing driveway; a 44.5" tall
pilaster in the eastern corner of the planter area; a 50.5" tall mail-box pilaster on the east side of
the driveway in the planter area; and a 54" tall pilaster connected to a 36" tall wall along the
western side of the existing driveway.
Section 2- The Encroachment Permit is not detrimental to the public health/welfare,
as 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 an Encroachment Permit are met through the approval of a Public
Works Department Encroachment Permit.
Section 3e The encroaching structures cannot be reconfigured or relocated due to
practical difficulties or unnecessary hardship, as relocation would not be compatible with other
similar structures in the neighborhood and the Public Works Director has determined that the
structures do not pose an issue to public health or safety.
Section 4: The encroaching structures are not inconsistent with the general intent of
P.C. Resolution No. 2009-49
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the Development Code since the structures are found to not be detrimental to the public health
and welfare by the Public Works Director and beautify the area along the street in a manner
consistent to that of the neighborhood.
Section 5: There are no illuminating elements approved as part of the existing
structures.
Section 6. The encroaching structures will not significantly impair a protected view
due to the structures level placement along the street and all the surrounding properties level
with the street. As such, it will not impair any view from surrounding properties or the public
right-of-way.
Section 7. 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, November
15, 2009. A $2,255.00 appeal fee must accompany any appeal letter. If no appeal is filed
timely, the Planning Commission's decision will be final at 5:30 PM on November 25, 2009.
Section 6. For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby conditionally approves the Encroachment Permit application, subject to the conditions
set forth in the attached 'Exhibit A' (Case No. ZON2009-00145).
PASSED, APPROVED AND ADOPTED this 10th day of November 2009, by the following vote:
AYES: Commissioners Knight, Perestam$ Ruttenberg, Tetrault, Tomblin, Vice
Chairman Gerstner, Chairman Lewis
NOES: None
RECUSALS: None
ABSTENTIONS: None
ABSENT: None
y s,
Cha' an
Joel <ojas AICP
Dir ctor of Planni g, uilding
and od nforc ent; and,
Secretary of the Planning Commission
P.C. Resolution No. 2009- 49
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Exhibit"A"
Conditions of Approval
Case No. Z 20 -00145 (EP)
17 Coveview Drive
General!
1. Approval of this Encroachment 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 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 an Encroachment Permit to Public Works 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.
3. 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.
4. 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.
5. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
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 Public Works requirement are in conflict
with one another, the stricter standard shall apply.
Encroachment Permit
8. This Encroachment Permit allows for the after-the-fact construction of 8" tall planter walls
running along the street on either side of the existing driveway; a 44.5" tall pilaster in the
eastern corner of the planter area; a 50.5" tall mail-box pilaster on the east side of the
driveway in the planter area; and a 54" tall pilaster connected to a 36" tall wall along the
western side of the existing driveway.
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9. All structures shall not exceed a distance for 10 feet from the front property line into the.
public right-of-way.
10. Within 90 days of this approval, 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. Furthermore, the owner shall be responsible for
complying with any requirements imposed by Public Works in issuance of the
Encroachment Permit.
11. Prior to obtaining an Encroachment Permit from Public Works, the owner shall submit to
the City an "Indemnification and Hold Harmless" agreement for recordation, to the
satisfaction of the City Attorney.
12. Prior to obtaining an Encroachment Permit from Public Works, 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.
13. Prior to obtaining an Encroachment Permit from Public Works, 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.
14. The applicant shall be responsible and comply with the following requirements per the
Public Works Memo dated July 17, 2009:
a. The submitted plan shall be signed/stamped by a licensed professional who
takes responsibility for the accuracy of the information depicted.
b. Substandard drainage facility (drain outlet) must be removed and relocated out
side of the edge of the asphalt pavement.
c. Exposed steel rebar in public right-of-way is a safety hazard and must be
removed.
15. Prior to obtaining an Encroachment Permit from Public Works, the planter walls located
north and south of the Southern California Edison utility vault shall be removed or
relocated at least 3 feet away, per the memo from Southern California Edison dated
October '19, 2009.
16. The approved 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.
17. The required front-yard setback area of the lot shall be at least fifty (50) percent
landscaped.
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