PC RES 1987-036 110 411
RESOLUTION P.C. NO. 87 - 36
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE APPLICATION
NO. 165 AND ENCROACHMENT PERMIT NO. 6 FOR A
GATE AND POSTS AT 6348 VIA COLINITA.
WHEREAS, Donald Wildasinn has requested a Variance and an
Encroachment Permit to allow an existing 7 foot gate and posts
which encroach into the front 20 foot setback and the public
right-of-way at 6348 Via Colinita .
WHEREAS, after notice pursuant to the City' s Development
Code , a hearing was held on July 28 , 1987 , 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 : That there are exceptional and extraordinary
circumstances applicable to the property involved , since the
driveway is quite steep and has a very sharp curve at the entry.
Section 2 : That such Variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant , since several other properties in the neighborhood have
similar gates across their driveways .
Section 3 : That granting of the Variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property is
located , since the property is located on an outside curve and the
Variance does not create a visibility or safety hazard and the
gate and posts are only 22 feet long .
Section 4 : That the granting of such a Variance will not be
contrary to the objectives of the General Plan , since the gate and
posts are constructed of materials which enhance the architecture .
Section 5 : The encroachment is in the best interest of the
City, since it enhances the visual quality of the unimproved
public right-of-way.
Section 6 : The encroachment will not be detrimental to the
public health and safety, since it does not create a visibility
hazard .
Section 7 : The encroachment is necessary by the fact there
is not a logical alternative location on private property for the
posts and gate which would eliminate the need to encroach, since
the posts and gate are located at the entrance of the driveway.
Resolution P.C. No. 87 - 36
Page 1
•
Section 8: The encroachment is designed in the safest manner
possible, since it is a minimum of five feet from the curb and
protects the residence from runaway vehicles.
Section 9: That the existing boulders which encroach into
the public right-of-way must be removed if not approved by Public
Works.
Section 10: For the foregoing reasons, the Planning
Commission of the City of Rancho Palos Verdes hereby approves
Variance No. 165 and Encroachment Permit No. 6 subject to the
conditions attached in Exhibit "A", thereby allowing the existing
two posts and gate to be located within the front setback and
encroaching 4 feet 7 inches into the public right-of-way. The
maximum height for the gate is 5 feet 6 inches, the posts 7 feet.
APPROVED and ADOPTED this 11th day of August, 1987.
ob rt Benard
Dir(ctor of Environmental Services
and Secretary to the Commission
oan S. Ortolano
Chairperson
Resolution P.C. No. 87 - 36
Page 2
EXHIBIT "A"
2
Variance No. 165 and Encroachment Permit No. 6 are approved
subject to the following conditions:
1. The owner must record a hold -harmless agreement, with
language approved by the Director of Environmental Services.
2. The owner must agree to remove the encroachment at the
direction of the Public Works Director on 10 days notice
except in emergency situation where removal may be required
on shorter notice. If the owner fails to remove the
encroachment within the specified time, the City will do the
work and the owner will be billed.
3. The owner must obtain liability insurance of $500,000
naming the City as additional insured, and provide a copy of
said insurance policy annually to the Director of
Environmental Services.
4. The owner must record the above conditions as conditions
running with the land in a document satisfactory to the City
Attorney. The owner must obtain formal Encroachment Permit
from the Public Works Department.
5. The encroachment must be constructed and installed in
accordance with approved plans.
6. The preceding requirements must be initiated within 60 days
after the end of the appeal period or the approval is void.
7. The conditions must be met within 180 days from the date of
approval.
Resolution P.C. No. 87 - 36
Page 3